37 Amendments of Dragoş TUDORACHE related to 2021/0391(COD)
Amendment 74 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Union aquis provides for two legal frameworks to set up JITs with the participation of at least two Member States: Council Framework Decision 2002/465/JHA19 and Article 13 of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union on Mutual Assistance in Criminal Matters between the Member States of the European Union20 . The Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations20a (Naples II Convention) is also covered by this Regulation. Third countries can be involved in JITs as parties where there is a legal basis for such involvement, such as Article 20 of the Second Additional Protocol of the 1959 Council of Europe Convention21 and Article 5 of the Agreement on Mutual Legal Assistance between the European Union and the United States of America22 . _________________ 19 Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (OJ L 162, 20.6.2002, p. 1). 20 OJ C 197, 12.7.2000, p. 3. 20a OJ C 24, 23.1.1998, p. 2. 21 CET No 182 22 OJ L 181, 19.7.2003, p. 34.
Amendment 76 #
Proposal for a regulation
Recital 4
Recital 4
(4) The existing legal frameworks at Union level do not set out how the entities participating in JITs exchange information and communicate. Those entities reach an agreement on such exchange and communication on the basis of the needs and available means. To fight the increasingly complex and time-sensitive cross-border crime, speed, cooperation and efficiency are crucial. However, there is a lack of dedicated secure and effective channel to which all participants could have recourse and through which they could promptly exchange large volumes of information and evidence or allow for secure and effective communication. Furthermore, there is no system that would support daily management of JITs, including the traceability of evidence exchanged among the participants.
Amendment 78 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Since the start of Russia’s war of aggression against Ukraine, numerous cases of crimes against humanity and war crimes have been reported and tools that might help the investigations are more than welcome. The revised mandate of the European Union Agency for Criminal Justice Cooperation (Eurojust), as set out in Regulation (EU) 2022/838 of the European Parliament and of the Council, enables Eurojust to preserve, analyse, and store evidence relating to genocide, crimes against humanity, war crimes, and related criminal offenses and enables the exchange of related evidence with competent national authorities and international judicial authorities, in particular the International Criminal Court (ICC), highlights the urgent need for collaboration platforms for JITs to communicate and efficiently exchange information and evidence.
Amendment 79 #
Proposal for a regulation
Recital 5
Recital 5
(5) In light of the increasing possibilities of crime infiltrating Information Technology (IT) systems, the current state of play could hamper the effectiveness and efficiency of cross- border investigations, as well as jeopardise and slow down such investigations and prosecutions, making them more costly. The judiciary and law enforcement in particular need to ensure that their systems are as modern and safe as possible and that all JIT members can connect and interact easily, independently of their national systems.
Amendment 84 #
Proposal for a regulation
Recital 13
Recital 13
(13) From a technical perspective, the JITs collaboration platform should be accessible via a secure connection over the internet and should be composed of a centralised information system, accessible through a web portal, communication software for mobile and desktop devices that includes a machine translation functionality for the working languages of the institutions of the Union, and a connection between the centralised information system and relevant IT tools, supporting the functioning of JITs and managed by the JIT Secretariat.
Amendment 85 #
Proposal for a regulation
Recital 13
Recital 13
(13) From a technical perspective, the JITs collaboration platform should be accessible via a secure connection over the internet and should be composed of a centralised information system, accessible through a secure web portal, communication software for mobile and desktop devices, advanced logging and tracking mechanism, and a connection between the centralised information system and relevant IT tools, supporting the functioning of JITs and managed by the JIT Secretariat.
Amendment 87 #
Proposal for a regulation
Recital 16
Recital 16
(16) Communication-related functionalities of the JITs collaboration platform should be provided by a modern software allowing for non-traceable communication stored locally at the devices of the users.
Amendment 88 #
Proposal for a regulation
Recital 17
Recital 17
(17) A proper functionality allowing to exchange operational information and evidence, including large files, should be ensured through an upload/download mechanism designed to store the data centrally only for the limited period of time necessary for the technical transfer of the data. As soon as the data is downloaded by all addresses, it should be automatically and permanently deleted from the JITs collaboration platform.
Amendment 90 #
Proposal for a regulation
Recital 19
Recital 19
(19) When designing the JITs collaboration platform, eu-LISA should ensure technical interoperability with SIENAIn order to ensure the widest possible participation of the relevant actors in the Union and to avoid duplication of the use of data in different systems, eu-LISA should establish the necessary technical standards when designing the JITs collaboration platform, for which Europol should ensure that SIENA complies with those technical standards and is able to establish secure channels to interact with the envisaged platform. This interaction should respect the foreseen access rights and data classification rules established for the two systems. The Commission should ensure that the legislative financial statement annexed to the proposal for this Regulation reflects the budgetary impact of this requirement on both agencies.
Amendment 94 #
Proposal for a regulation
Recital 20
Recital 20
(20) Since the establishment of the Network of National Experts on Joint Investigation Teams (the ‘JITs Network’) in accordance with Council Document 11037/0524 , the JIT Secretariat supports the work of the JITs Network by organising annual meetings, trainings, collecting and analysing the JIT evaluation reports and managing the Eurojust’s JIT funding programme. Since 2011, the JIT Secretariat is hosted by Eurojust as a separate unit. To allow the JIT Secretariat to support users in the practical application of the JITs collaboration platform, as well as to provide technical and administrative support to JIT space administrators, Eurojust should be provided with appropriate staffbudget, staff and technical support allocated to the JIT Secretariat. _________________ 24 Council of the European Union, Outcome of Proceedings of Article Art 36 Committee on 7 and 8 July 2005, Item 7 of the Agenda: Joint Investigation Teams - Proposal for designation of national experts, 11037/05.
Amendment 100 #
Proposal for a regulation
Recital 31
Recital 31
(31) Where a JIT has multiple JIT space administrators, those JIT space administrators should agree among themselves, as soon as the JIT collaboration space including third countries is established, aboutnd nominate one of them to be controller of the data uploaded by those third countries.
Amendment 103 #
Proposal for a regulation
Recital 36
Recital 36
(36) The Commission should determine the date of the start of operations of the JITs collaboration platform once it is satisfied that the technical requirements as adopted in the relevant implementing acts necessary for the technical development of the JITs collaboration platform have been adopimplemented and eu- LISA has carried out a comprehensive testrial period of the JITs collaboration platform, in cooperation with the Member States. Upon the adoption of this Regulation, eu- LISA shall immediately start its activities regarding the design and implementation of the JITs collaboration platform with a view to render the project operational as soon as possible, and not later than 1 January 2025, including by making use of tailored and customised off-the-shelf products. Acknowledging that this puts a strain on eu-LISA’s operations, the Commission should ensure that the budgetary impact related to a shorter implementation period than foreseen in the impact assessment requested from eu- LISA is assessed in close cooperation with eu-LISA both from budgetary and human resources point of view and reflected in the legislative financial statement of the proposal for this Regulation prior to the adoption of this Regulation. Furthermore, the legislative financial statement of the proposal for this Regulation should allow eu-LISA to recruit technical staff necessary for the preparation of necessary contracts, organisation of the project, and the technical design of the platform as soon as soon as possible.
Amendment 105 #
Proposal for a regulation
Recital 36
Recital 36
(36) The Commission should determine the date of the start of operations of the JITs collaboration platform once the relevant implementing acts necessary for the technical development of the JITs collaboration platform have been adopted and eu-LISA has carried out a comprehensive test of the JITs collaboration platform, in cooperation with the Member States. In order for eu-Lisa to meet the deadline for the design and development of the JITs collaboration platform, appropriate funding, staff and technical support should be provided.
Amendment 108 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) establishes an IT platform (the ‘JITs collaboration platform’), to be used on a voluntary basis, to facilitate the cooperation of competent authorities participating in Joint Investigation Teams (‘JITs’) set up on the basis of Article 13 of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union or on Framework Decision 2002/465/JHA and, for cases in which specialised customs JITs are created, on the basis of Article 24 of the Naples II Convention;
Amendment 114 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘JITs collaboration platform users’ means JIT members, Eurojust, Europol, OLAF, EPPO and other competent Union bodies, offices and agencies or international judicial authorities with which there is a JIT agreement;
Amendment 116 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
(5 a) ‘international judicial authority’ means a permanent international criminal court established to investigate, prosecute and, where warranted, try individuals for committing serious crimes of concern to international community as a whole, namely crimes of genocide, crimes against humanity, war crimes and crimes of aggression;
Amendment 119 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) a modern and secure centralised information system, which allows for temporary central data storage;
Amendment 120 #
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(a a) a modern platform accessible through regular computers (desktops, laptops, etc.) as well as through mobile devices;
Amendment 121 #
Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
Article 4 – paragraph 1 – point a b (new)
(a b) an interface available in all working languages of the institutions of the Union;
Amendment 122 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) a communication software, which allows for local storage of communication data and instant machine translation in all working languages of the institutions of the Union for communication purposes;
Amendment 126 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) a secure connection between the centralised information system and relevant IT tools, supporting the functioning of JITs and managed by the JIT Secretariat.
Amendment 127 #
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(c a) an ability for the Secure Information Exchange Network Application (SIENA) to establish a connection with the centralised information system, fulfilling the legal access requirements and data classification rules established for the two systems.
Amendment 130 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the rapid and secure exchange and temporary storage of operational information and evidence, including large files, through an upload and download functionality;
Amendment 133 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) evidence traceability through a business loggn advanced logging and tracking mechanism allowing to keep track of all evidence exchanged through the JITs collaboration platform;
Amendment 138 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. eu-LISA shall make the communication software available to the JITs collaboration platform users and assist them with technical matters.
Amendment 141 #
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7 a. eu-LISA shall set up a dedicated support focal point which shall be responsible for recording, investigating, and mitigating incidents reported to it in a timely manner.
Amendment 146 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Eurojust, Europol, the European Public Prosecutor’s Office, OLAF and other competent Union bodies, offices and agencies and international judicial authorities with which there is a JIT agreement shall make the necessary technical arrangements to enable them to access the JITs collaboration platform.
Amendment 151 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. eu-LISA shall establish an Advisory Group in order to obtain expertise related to the JITs collaboration platform, in particular in the context of preparation of its annual work programme and, its annual activity report and improvements to be made to the system.
Amendment 152 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. After the start of operations of the JITs collaboration platform, the Advisory Group shall continue its advisory role relating to the operational use of the platform, including the evaluations thereof and possible technical issues. During this time, the Advisory Group shall report directly to eu-LISA's Management Board on a regular basis.
Amendment 156 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The JIT space administrator or administrators shall establish the access rights of the JITs collaboration platform users to the JIT collaboration space, and distribute the tasks and responsibilities on the basis of the JIT agreement.
Amendment 167 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where a Member State, Eurojust, Europol, the European Public Prosecutor’s Office, OLAF or, any other competent Union body, office or agency, or international judicial authority as a consequence of a failure on their part to comply with their obligations under this Regulation, cause damage to the JITs collaboration platform, that Member State, Eurojust, Europol, the European Public Prosecutor’s Office, OLAF or other competent Union body, office or agency, or international judicial authority respectively, shall be held liable for such damage, insofar as eu-LISA fails to take reasonable measures to prevent the damage from occurring or to minimise its impact.
Amendment 171 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. UOnce the downloading by all intended JIT collaboration platform users is complete or upon expiry of the retention period referred to in paragraph 1, the data record shall be automatically erased from the centralised system.
Amendment 175 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Each competent national authority of a Member State, and where appropriate, Eurojust, Europol, the European Public Prosecutor’s Office, OLAF or, any other competent Union body, office or agency or international judicial authority shall be considered to be data controllers in accordance with applicable Union data protection rules for the processing of personal data under this Regulation.
Amendment 180 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. With regard to data uploaded to the JITs collaboration platform by the competent authorities of third countries, one of the JIT space administrators is to be considernominated data controller as regards the personal data exchanged through, and stored in the JITs collaboration platform.
Amendment 184 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Access to the JITs collaboration platform shall be limited to duly authorised staff of the competent Member States’ and third country authorities, Eurojust, Europol, the European Public Prosecutor’s Office, OLAF and, other competent Union bodies, offices or agencies, or international judicial authorities, to the extent needed for the performance of their tasks in accordance with the purposes referred to in paragraph 1, and to what is necessary and proportionate to the objectives pursued.
Amendment 191 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. eu-LISA shall establish procedures to monitor the development of the JITs collaboration platform as regards the objectives relating to planning and costs and to monitor and evaluate the usage and the functioning of the JITs collaboration platform as regards the objectives relating to the technical output, cost-effectiveness, security and quality of service.
Amendment 199 #
Proposal for a regulation
Article 22 – paragraph 8
Article 22 – paragraph 8
8. The Member States’ competent authorities, Eurojust, Europol, the European Public Prosecutor’s Office, OLAF and, other competent Union bodies, offices and agencies or international judicial authorities shall provide eu-LISA and the Commission with the information necessary to draft the reports referred to in paragraphs 4 and 7. That information shall not jeopardise working methods or include information that reveals sources, names of staff members or investigations.