Activities of Petar VITANOV related to 2022/2025(INI)
Shadow reports (1)
REPORT on a European Parliament recommendation to the Council and the Commission on the negotiations for a cooperation agreement between the European Union and the International Criminal Police Organization (ICPO-INTERPOL)
Amendments (34)
Amendment 5 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— Having regard to the EDPS Opinion 8/2021 on the Recommendation for a Council decision authorising the opening of the negotiations for a cooperation agreement between the EU and the Interpol,
Amendment 13 #
Motion for a resolution
Recital A
Recital A
A. whereas present-day terrorism and organised crime are becoming increasingly dynamic, complex, globalised, mobile and mainlyoften transnational phenomena, which requireing a robust response and more effective, coordinated EU cooperation with international law enforcement authorities and bodies such as the International Criminal Police Organization (Interpol); whereas the 2020 EU Security Union strategy calls on the Member States to step up cooperation between the EU and Interpol, as this is essential to enhancing cooperation and information exchange;
Amendment 14 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas no fundamental rights impact assessment on the Commission Recommendation was made, thereby leaving questions regarding the necessity and proportionality of each envisaged measure, as well as the legal feasibility of governing them all in a single, horizontal instrument;
Amendment 15 #
Motion for a resolution
Recital B
Recital B
B. whereas international cooperation is a mainn important component of effective law enforcement and judicial cooperation, especially if it in certain types of crime, involvesing the processing and sharing of personal data; whereas bilateralthe legality of processing of personal data is governed by the Union data protection acquis, that also govern the bilateral personal data exchange agreements with key partners, which play an important role in obtaining information and potential evidence from beyond the EU;
Amendment 23 #
Motion for a resolution
Recital C
Recital C
C. whereas Interpol is one of the largest inter-governmental criminal police organisations and has an important role to play all over the world; whereas the Commission, on behalf of the EU, is seeking reinforced cooperation with Interpol, including access to Interpol databases and the strengthening of operational and strategic cooperation: whereas it is paramount to ensure that robust measures are put in place to guarantee the integrity and correctness of data in pthe personal data received through such cooperacticeon;
Amendment 30 #
Motion for a resolution
Recital E
Recital E
E. whereas Interpol’s 19 databases, which include potentially valuable information, are directly accessible by EU Member States as member countries of Interpol, while EU agencies such as Frontex, the EU Agency for Criminal Justice Cooperation (Eurojust) and the European Public Prosecutor’s Office (EPPO) currently do not have any direct access to these databases – either directly or on a ‘hit/no hit’ basis – due to the lack of an agreement with Interpol, which is required for this purpose under Interpol’s rules on the processing of data;
Amendment 34 #
Motion for a resolution
Recital F
Recital F
F. whereas current cooperation between the EU and Interpol should be stepped up and extended to new areas; whereas procedures should be improved, accelerated and streamlined to address a series of indispensable operational needs in order to facilitate swift access to information related to counter-terrorism including Interpol notices containing information on terrorists in order to increase cooperation to counter shared threats such as terrorism, organised crime, cybercrime, child sexual abuse and trafficking in human beings;
Amendment 37 #
Motion for a resolution
Recital G
Recital G
G. whereas the EU is the largest donor of funds to Interpol, which are mainly assigned to information exchange, in the field of law enforcement, but also includinge border management cooperation and capacity building activities, and projects and programmes targeting a range of terrorism and serious crime activities;
Amendment 38 #
Motion for a resolution
Recital H
Recital H
H. whereas the new agreement should establish a modern and coherent framework for the EU’s agencies’ cooperation with Interpol, taking into account, on top of the general requirements of complying with the Charter and the Union acquis on protection of personal data, the specific data protection requirements and safeguards in the basic acts establishing the EU agencies of IT systems, as well as the latest developments in combating terrorism and cross-border, transnational, serious and organised crime; whereas the agreement should respond to current operational needs, as well as to the EU’s latest data protection regime and provide the legal basis for the exchange of operational information and access to relevant Interpol databases, with the condition that it would be legally binding and enforceable against all parties to the agreement and that it includes all the necessary data protection safeguards;
Amendment 43 #
Motion for a resolution
Recital I
Recital I
I. whereas interoperability has been a priority since at least, May 2019, when the framework for interoperabilityframework between EU information systems in the area of justice and home affairs was adopted; whereas an advanced and shared data infrastructure is currently in place in the EU for police and judicial cooperation, asylum and migration, as well as borders and visa; whereas this advanced and shared data infrastructure, and the systems and EU databases that constitute it,data infrastructure allows for verya limited and highly regulated information sharing with third countries or international organisations;
Amendment 47 #
Motion for a resolution
Recital J
Recital J
J. whereas according to the negotiation mandate, the new agreement should regulate cooperation between Europol, the EPPO, Eurojust and Frontex with Interpol, and provide direct access by these agencies and Member States, for the performance of their tasks, to two of Interpol’s databases - the Stolen and Lost Travel Document (SLTD) and Travel Document Associated With Notices (TDAWN) databases via the European Search Portal (ESP), in compliance with EU data protection requirements and within full respect of fundamental rights;
Amendment 55 #
Motion for a resolution
Recital K
Recital K
K. whereas international organisations continue to report abuses by some states of Interpol’s notice system in order to persecute national human rights defenders, civil society activists, members of the opposition and journalists in violation of international standards on human rights; whereas according to reports by international actors, Interpol has significantly reformed and strengthened its rthere are significant challenges with the mechanisms to update information regarding Red nNotices review processes, as well as its support systems for national central bureaus in member countries, reformed the setup and functioning of the Commission for the Control of Files, enforcing its complaints mechanism, appointed a data protection officer and implemented a learning and knowledge-sharing programmeand Diffusions, as they sometimes remain in effect in national databases despite having been updated and removed by the General Secretariat of Interpol; whereas both written sources and interviews with governmental and non-governmental organisations suggest that Interpol’s vetting process remains inconsistent;
Amendment 57 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
Amendment 59 #
Motion for a resolution
Recital K b (new)
Recital K b (new)
K b. whereas according to reports by international actors, Interpol has significantly reformed and strengthened its red notices review processes, as well as its support systems for national central bureaus in member countries, reformed the setup and functioning of the Commission for the Control of Files, enforcing its complaints mechanism, appointed a data protection officer and implemented a learning and knowledge- sharing programme;
Amendment 65 #
Motion for a resolution
Recital L
Recital L
L. whereas Russia still remains a member of Interpol and whereas cooperation with the European Union and Interpol members is based on trust; whereas trust between parties relies on the swift tackling of misuse of Interpol notices by countries seeking to use Interpol systems for political ends; whereas, in this context, Interpol’s systems must respect human rights and the rule of law, and uphold its commitments onprevent any possibility for political, religious or military abuse;
Amendment 71 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that European values and fundamental rights must be the basis of all European policing and security policies, ensuring respect for the principles of necessity, proportionality and, legality and the presumption of innocence, and safeguarding accountability and judicial redress, while enabling effective protection of individuals, particularly the most vulnerable; recalls, further, that these principles should be at the core of the development of digitalisation in the area of justice and security and the development of the interoperability framework for the many systems in justice and security, including borders;
Amendment 73 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines the absolute necessity for the agreement with Interpol to be based on the full respect of the Charter, the horizontal European data protection legislation, and the specific data protection requirements and safeguards codified in the basic acts establishing the EU agencies and IT systems; further requires, that none of the provisions of the agreement do not lead to the weakening of the fundamental rights and freedoms of natural persons, especially their right to privacy and protection of personal data;
Amendment 77 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Underlines further that the agreement explicitly clarifies that there will be no reciprocal direct or indirect access of Interpol to EU databases.
Amendment 83 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recommends that the Commission ensure access to Interpol’s different databases on the basis of the needs and strictly according to the scope of competences of the different EU agencies; recalls that whilst Interpol’s databases contain millions of records with information that could directpotentially help to combat appalling crimes, such as child sexual exploitation, on which Interpol’s database holds more than 2.7 million images and videos and of whichthere are well documented problems with the accuracy, reliability and origin of the database has helped identify 23 564 victims worldwide within those databases;
Amendment 88 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recommends that the Commission provide, during the negotiations on controlled access to Interpol’s databases by EU Member States and EU agencies, the necessary safeguards and guarantees to ensure full compliance with the EU data protection frameworkacquis and fundamental rights; stresses that the agreement should at least provide the safeguards already provided by the Europol Regulation;
Amendment 95 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends special vigilance during the negotiations due to the sensitivity of the data concerned and to theto be placed on the sensitivity of the personal data included in the various databases, and to the fact that a number of third countries that are members of Interpol, which are not partyies to an equivalenty agreement with the EU or whose authorities to which personal data is intended to be transferredn exchange of personal data, or whose authorities are not covered by a Commission adequacy decision;
Amendment 96 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Is seriously concerned about the accusations against Interpol president, Ahmed Nasser Al-Raisi, who is the subject of several complaints, and is accused of torture; notes with concern that a judicial investigation was opened against him at the end of March 2022 in Paris for "complicity in torture" after the complaint of two British citizens; recommends to the Commission to take these accusations into consideration when negotiating any cooperation agreement with Interpol;
Amendment 98 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recommends the adoption of theat Commission introduces robust safeguards and guarantees needed to ensure compliance with EU data protection requirements and fundamental rights, in order to authorise the European Travel Information and Authorisation System (ETIAS) Central Unit established within Frontex and EU Member States to access Interpol’s SLTD and TDAWN databases via the ESP, as well as of the safeguards and guarantees needed to efficiently implement the revised Visa Information System Regulation that authorises EU Member States to access Interpol’s SLTD and TDAWN databases via the ESP when examining applications for visas or residence permits, in full compliance with EU data protection requirements and with fundamental rights;
Amendment 101 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recommends clearly stating which databases should be accessed and for which purposes according to the differing access rights of officers of each EU agency.
Amendment 104 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recommendquests that the Commission ensure that the level of personal data protection and the protection of individuals’ fundamental rights and freedoms, currently guaranteed under EU primary and secondary law, is maintained in exchanges of personal data with Interpol; the Commission’s negotiation strategy should not lead to a weakening of the fundamental rights and freedoms of natural persons, and in particular of their rights to data protection and to privacy;
Amendment 110 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that the Commission guarantee that the transfer of personal data from Interpol is adequate, relevant and strictly limited to what is necessary for the purpose for which it has been transferred and that all necessary safeguards are in place;
Amendment 115 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls on the Commission to include further provisions on the necessity for the Interpol to immediately notify the EU and Member States, and, wherever necessary, data subjects, in the event of a personal data breach;
Amendment 116 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 137 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recommends that in view of the rules governing access to personal data and information sharing in the different EU systems and databases, the terms of the future cooperation agreement with Interpol should provide the safeguards and guarantees needed to give controlled access to Interpol’s databases via the ESP by Member States and EU agencies as required to carry out their tasks, in line with their access rights and EU or national law covering such access and in full compliance with EU data protection requirements and fundamental rights;
Amendment 141 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that Interpol’s databases contain a large volume of data on third country nationals’ travel documents, and that using these databases canould minimise information gaps, maximiincrease positive matches and subsequently improve the operational results of the ETIAS and revised Visa Information System Regulation; the cooperation agreement with Interpol should provide the required legal basis, including data protection safeguards and guarantees, and authorise the ESP to connect directly with Interpol databases; therefore the cooperation agreement should also provide scope for establishing a secure connection of the ESP and the ETIAS with Interpol’s IT infrastructure so as to allow access to Interpol’s databases;
Amendment 145 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that according to the EU’s current legislative frameworkdata protection acquis of the EU, the transfer of personal data from the EU to third countries and international organisations is allowed only if the recipients of this information are able to guarantee an adequateessentially equivalent level of personal data protection; recommends in this context that in the absence of an adequacy decision on Interpol, the agreement should constitute the legal basis allowing the transfer of personal data to Interpol, provided that it is legally binding and enforceable against all parties to the agreement and that it includes appropriate data protection safeguards;
Amendment 186 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes the announcement by Interpol’s Secretary-General that it would implement enhanced monitoring measures to identify and prevent any further abuse of Interpol’s systems by Russia; remains concerned, however, that monitoring alone will not fully mitigate the risks of Russian abuse; stresses, therefore, that given the current special circumstances Interpol should take immediate and firm measures to exclude the Russian Federation from the organisation;
Amendment 194 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. RecommendsDemands that the agreement providinges for the possibility of suspending or terminating the agreement in cases of any breaches of its provisions on personal data by one of the parties, specifying that personal data falling within the scope of the agreement, transferred prior to its suspension or termination, may continue to be processed in accordance with the terms of the agreement;
Amendment 197 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Recommends, as was confirmed by the CJEU, in its decision on the Draft agreement between Canada and the European Union on the Transfer of Passenger Name Record data from the European Union to Canada, that the citations of the agreement also include the relevant substantive legal basis, especially Article 16 TEU;