14 Amendments of Michal WIEZIK related to 2021/0411(COD)
Amendment 27 #
Proposal for a directive
Recital 11
Recital 11
(11) Whilst the Single Points of Contact of each Member State should in any event have the possibility to submit requests for information to the Single Point of Contact of another Member State, in the interest of flexibility, Member States should be allowed to decide that, in addition, their law enforcement authorities may also submit such requests in accordance with the procedure laid down in a specific national legal framework. In order for Single Points of Contact to be able to perform their coordinating functions under this Directive, it is however necessary that, where a Member State takes such a decision, its Single Point of Contact is made aware of all such outgoing requests, as well as of any communications relating thereto, by always being put in copy.
Amendment 28 #
Proposal for a directive
Recital 16
Recital 16
(16) It is particularly important that the protection of personal data, in accordance with Union law, is ensured in connection to all exchanges of information under this Directive. To that aim, the rules of this Directive should be aligned with Directive (EU) 2016/680 of the European Parliament and of the Council60 . In particular, it should be specified that any personal data exchanged by Single Points of Contacts and law enforcement authorities is to remain limited to the categories of data listed in Section B point 2, of Annex II to Regulation (EU) 2016/794 of the European Parliament and of the Council61 . Furthermore, as far as possible, any such personal data should be distinguished according to their degree of accuracy and reliability, whereby facts should be distinguished from personal assessments, in order to ensure both the protection of individuals and the quality and reliability of the information exchanged. If it appears that the personal data are incorrect, they should be rectified or erased without delay. Such rectification or erasure, as well as any other processing of personal data in connection to the activities under this Directive, should be carried out in compliance with the applicable rules of Union law, in particular Directive (EU) 2016/680 and Regulation (EU) 2016/679 of the European Parliament and of the Council62 , which rules this Directive leaves unaffected. _________________ 60 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119 4.5.2016, p. 89). 61 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 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 (OJ L 135, 24.5.2016, p. 53). 62 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 4.5.2016, p. 1).
Amendment 29 #
Proposal for a directive
Recital 18
Recital 18
(18) The further development of the European Union Agency for Law Enforcement Cooperation (Europol) as the Union’s criminal information hub is a priority. That is why, when information or any related communications are exchanged, irrespective of whether that is done pursuant to a request for information submitted to a Single Point of Contact or law enforcement authority, or on their own-imitative, a copy should be sent to Europol, however only insofar as it concerns offences falling within the scope of the objectives of Europol. In practice, this canshould be done through the ticking by default of the corresponding SIENA box.
Amendment 32 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘personal data’ means personal data as defined in Article 43, point (1) of RegulationDirective (EU) 2016/67980.
Amendment 33 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
Amendment 34 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Where a Member State has decidedlaid down in a specific national legal framework that, in addition to its Single Point of Contact, its law enforcement authorities may also submit requests for information to the Single Points of Contact of other Member States, it shall ensure that those authorities send, at the same time as submitting such requests, a copy of those requests, and of any other communication relating thereto, to the Single Point of Contact of that Member State.
Amendment 35 #
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) sefiven calendar days, for all requests that are not urgent.
Amendment 36 #
Proposal for a directive
Article -9 (new)
Article -9 (new)
Article -9 Information exchange and procedures under Article 7 of the Treaty on European Union Authorities of a Member State which is subject to a procedure referred to in Article 7(1) or 7(2) of the Treaty on European Union wishing to request information from another Member State via the Single Point of Contact shall submit their requests to Europol for assessment before it can be addressed to the Single Point of Contact of the other Member State.
Amendment 37 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that, where their Single Point of Contact or their law enforcement authorities send requests for information, provide information pursuant to such requests, provide information on their own initiative or send other communications relating thereto under Chapters II and III or under Article 12, they do so only through SIENA.
Amendment 38 #
Proposal for a directive
Article 14 – paragraph 3 – point c
Article 14 – paragraph 3 – point c
(c) their Single Point of Contact is provided with the staff, resources and capabilities, including for translation, necessary to carry out its tasks in an adequate and rapid mannerfinancial and technical resources, premises, infrastructure and capabilities, including for translation, necessary for the effective, adequate and rapid performance of its tasks in accordance with this Directive and in particular the time limits set out in Article 5(1);
Amendment 39 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall provide the Commission with statistics on the exchanges of information with other Member States under this Directive, by 1 March of each year. The statistics as submitted by the Member States shall be made available to the European Parliament.
Amendment 40 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. The Commission shall compile the statistics and use them for the reporting obligation laid down in Article 18. The compiled statistics shall be made available to the European Parliament.
Amendment 41 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Commission shall, by [date of entry into force + 3 years], submit a report to the European Parliament and to the Council, assessing the implementation of this Directive. The report shall contain detailed information on the implementation of this Directive per Member State.
Amendment 42 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Commission shall, by [date of entry into force + 5 years], submit a report to the European Parliament and to the Council assessing the effectivity and effectiveness of this Directive. The Commission shall take into account the information provided by Member States and any other relevant information related to the transposition and implementation of this Directive, with specific regard to the obligations laid down in Article 14(3), point (c). On the basis of this evaluation, the Commission shall decide on appropriate follow-up actions, including, if necessary, a legislative proposal.