12 Amendments of Vlad GHEORGHE related to 2020/0349(COD)
Amendment 15 #
Proposal for a regulation
Recital 2
Recital 2
(2) Europe faces a security landscape in flux, with evolving and increasingly complex security threats. Criminals and terrorists exploit the advantages that the digital transformation and new technologies bring about, including the inter-connectivity and blurring of the boundaries between the physical and digital world. The COVID-19 crisis has added to this, as criminals have quickly seized opportunities to exploit the crisis by adapting their modes of operation or developing new criminal activities, which instrumentalise and exploit the debts and the lack of income brought about by the COVID-19 crisis. The Union’s economic recovery depends largely on its capacity to prevent and eradicate financial crime. Terrorism remains a significant threat to the freedom and way of life of the Union and its citizens.
Amendment 16 #
Proposal for a regulation
Recital 4
Recital 4
(4) As Europe faces increasing threats from organised crime groups and terrorist attacks, an effective law enforcement response must include the availability of well-trained interoperable special intervention units specialised in the control of crisis situations. Such operationalisation of investigative instruments available in the Union’s legal framework is especially necessary in view of the unprecedented mobilisation of much higher amounts of financial resources under Next Generation EU. In the Union, the law enforcement units of the Member State cooperate on the basis of Council Decision 2008/617.53 Europol should be able to provide support to these special intervention units, including by providing operational, technical and financial support. __________________ 53Council Decision 2008/617/JHA of 23 June 2008 on the improvement of cooperation between the special intervention units of the Member States of the European Union in crisis situations (OJ L 210, 6.8.2008).
Amendment 17 #
Proposal for a regulation
Recital 5
Recital 5
(5) In recent years large scale cyber attacks, including attacks originating from third countries, targeted public and private entities alike across many jurisdictions in the Union and beyond, affecting various sectors including transport, health and financial services. Cybercrime and cybersecurity cannot be separated in an interconnected environment. The prevention, investigation and prosecution of such activities is supported by coordination and cooperation between relevant actors, including the European Union Agency for Cybersecurity (‘ENISA’), competent authorities for the security of network and information systems (‘NIS authorities’) as defined by Directive (EU) 2016/114854 , law enforcement authorities and private parties. In order to ensure the effective cooperation between all relevant actors at Union and national level on cyber attacks and security threats, Europol should cooperate with the ENISA through the exchange of information and by providing analytical support. __________________ 54Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1–30).
Amendment 18 #
Proposal for a regulation
Recital 6
Recital 6
(6) High-risk criminals play a leading role in criminal networks and pose a high risk of serious crime to the Union’s internal security. To combat high-risk organised crime groups and their leading members, Europol should be able to support Member States in focusing their investigative response on identifying these persons, their criminal activities and financial assets, and the members of their criminal networks. , as well persons belonging to the national political and financial institutions who are involved in crimes via corruption schemes. Europol should also support Member States in the recovery of criminal assets for their subsequent introduction into public funds.
Amendment 19 #
Proposal for a regulation
Recital 13
Recital 13
(13) Europol provides specialised expertise for countering serious crime and terrorism. Upon request by a Member State, Europol staff should be able to provide operational support to that Member State’s law enforcement authorities on the ground in operations and investigations, in particular by facilitating cross-border information exchange and providing forensic and technical support in operations and investigations, including in the context of joint investigation teams, as well as in the recovery of assets. Upon request by a Member State, Europol staff should be entitled to be present when investigative measures are taken in that Member State and assist in the taking of these investigative measures. Europol staff should not have the power to execute investigative measures.
Amendment 21 #
Proposal for a regulation
Recital 14
Recital 14
(14) One of Europol’s objectives is to support and strengthen action by the competent authorities of the Member States and their mutual cooperation in preventing and combatting forms of crime which affect a common interest covered by a Union policy. To strengthen that support, Europol should be able to request the competent authorities of a Member State to initiate, conduct or coordinate a criminal investigation of a crime, which affects a common interest covered by a Union policy, even where the crime concerned is not of a cross-border nature. Europol should inform Eurojust and the European Public Prosecutor’s Office of such requests.
Amendment 24 #
Proposal for a regulation
Recital 27
Recital 27
(27) Given the borderless nature of the internet, these services can often be provided from anywhere in the world. As a result, victims, perpetrators, and the digital infrastructure in which the personal data is stored and the service provider providing the service may all be subject to different national jurisdictions, within the Union and beyond. Private parties may therefore hold data sets relevant for law enforcement which contain personal data with links to multiple jurisdictions as well as personal data which cannot easily be attributed to any specific jurisdiction. National authorities find it difficult to effectively analyse such multi-jurisdictional or non- attributable data sets through national solutions. Europol should have in place measures to facilitate the cooperation of private parties, including with respect to the sharing of information. When private parties decide to lawfully and voluntarily share the data with law enforcement authorities, they do currently not have a single point of contact with which they can share such data sets at Union-level. Moreover, private parties face difficulties when receiving multiple requests from law enforcement authorities of different countries.
Amendment 28 #
Proposal for a regulation
Recital 40
Recital 40
(40) Providing Europol with additional tools and capabilities requires reinforcing the democratic oversight and accountability of Europol. Joint parliamentary scrutiny constitutes an important element of political monitoring of Europol's activities and financial management. To enable effective political monitoring of the way Europol applies additional tools and capabilities, Europol should provide the Joint Parliamentary Scrutiny Group with annual information on the use of these tools and capabilities and the result thereof.
Amendment 33 #
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) It is necessary to provide Europol with additional human and financial resources so that it can carry out the tasks entrusted to it under this Regulation.
Amendment 34 #
Proposal for a regulation
Recital 42
Recital 42
(42) Since the objective of this Regulation, namely to support and strengthen action by the Member States’ law enforcement services and their mutual cooperation in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy, including the illicit marketing online of pharmaceutical products related to the COVID-19 pandemic, the trafficking of human beings, arms, drugs and oil, environmental crime and cybercrime, cannot be sufficiently achieved by the Member States but can rather, due to the cross-border nature of serious crime and terrorism and the need for a coordinated response to related security threats, 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 36 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Europol shall also provide threats assessment analysis, including the analysis of any potential financial impact, supporting the Commission and the Member States in carrying out risk assessments.;
Amendment 38 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2016/794
Article 21 - paragraph 8
Article 21 - paragraph 8
8. If during information-processing activities in respect of an individual investigation or specific project Europol identifies information relevant to possible illegal activity affecting the financial interest of the Union, Europol shall on its own initiative without undue delay provide EPPO and OLAF with that information.