Activities of Franco ROBERTI related to 2021/0393(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2018/1727 of the European Parliament and the Council and Council Decision 2005/671/JHA, as regards the digital information exchange in terrorism cases
Legal basis opinions (0)
Amendments (6)
Amendment 52 #
Proposal for a regulation
Recital 9
Recital 9
(9) In order to enable Eurojust to identify cross-links between cross-border judicial proceedings against suspects of terrorist offences as well as cross-links between judicial proceedings against suspects of terrorist offences and information processed at Eurojust relating to other cases of serious crimes, it is essential that Eurojust receives, without delay, sufficient information to enable Eurojust to cross- check this data.
Amendment 61 #
Proposal for a regulation
Recital 12
Recital 12
(12) For the identification of cross-links between terrorism investigations and judicial proceedings against suspects of terrorist offences, a dataset that ensures reliable identification dataand that those data are kept and exchanged is crucial. Due to the uncertainties regarding alphanumerical data especially for third country nationals, it should be possible to exchange biometric data, which are the only certain identifiers. Due to the sensitive nature of biometric data and the impact processing of biometric data has on the respect for private and family life and the protection of personal data, as enshrined in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, a strict necessity test should be applied by the compesuch data should be provided in conformity with a strict tenst authorities and Eurojust in each casefor necessity and proportionality for the purposes of identifying the data subject.
Amendment 70 #
Proposal for a regulation
Recital 15
Recital 15
(15) GivenWhere the sensitive nature of judicial proceedings against suspects of terrorist offences, it is not always possible forharing of information would undermine ongoing investigations or the safety of an individual, or where it would be contrary to the essential interests of the security of the Member State concerned, the competent national authorities could choose not to share the information on terrorist offences with Eurojust at the earliest stage. Such derogations from the obligation to provide information should remain an exceptionbe applied only in exceptional circumstances and on a case- by-case basis, as Eurojust handles the information provided by national authorities in compliance with Union law on data protection while also considering the confidentiality of the judicial proceedings brought.
Amendment 82 #
Proposal for a regulation
Recital 21
Recital 21
(21) Terrorist activitiesPresent-day terrorism and serious and organised crime are very dynamic and globalised phenomena that often affect two or more Member States. Terrorism already had a strong transnational component in the past. However, with the use and availability of electronic communication, transnational collaboration between terrorist offenders has increased significantly. Therefore, terrorist offences should be consi transnational nature of a terrorist offence might not be known at the moment at which the case is referred to a judicial authority. It is possible, however, for the transnational character of a terrorist offence to be revealed through cross- checking by Eurojust, making a timely exchange of data essential. Indered per se transnational in their nature, the investigation or prosecution of terrorist offences requires coordination and cooperation between prosecuting authorities or a prosecution on common bases, as provided for in Article 85 TFEU. Information on terrorism cases should be exchanged with Eurojust, if the specific circumstances of the case do not clearly indicate a purely national character.
Amendment 91 #
Proposal for a regulation
Recital 22
Recital 22
(22) Investigations and prosecutions in terrorism cases are often impeded by the lack of information exchange between national investigation and prosecution authorities. In order to be able to cross check new terrorist investigations also with previous investigations and establish potential links, it is necessary to stoensure theat a retention period for data on any previous investigations, not only on con and convictions is adequate for operational activictions andes. Therefore, it is necessary to extend the time limits for storing data in the European Judicial Counter-Terrorism Register, as national authorities may not be aware of links and developments relevant to investigations requiring close cooperation, and therefore may not carry out the requisite cross-checking of new investigation data even with previous investigations, which could lead to potential links, even with previous investigations that ended with an acquittal, not emerging. However, it is necessary to ensure that such data is processed for prosecution purposes only. The information may not be used for anything else but identifying links with ongoing investigations and prosecutions and for the support of those investigations and prosecutions.
Amendment 150 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2018/1727
Annex III – point d – indent 2
Annex III – point d – indent 2
— photographs. and other available biometric data.'.