19 Amendments of Karolin BRAUNSBERGER-REINHOLD related to 2021/0393(COD)
Amendment 46 #
Proposal for a regulation
Recital 7
Recital 7
(7) To combat terrorism effectively, efficient exchange of information for investigation or prosecution of terrorist offences between competent authorities and Union agencies is crucial. It is essential to have the most complete and updated information possible and to systematically share that information using a common structure. The persistence of the terrorist threat and the complexity of the phenomenon raise the need for an ever greater exchange of information.
Amendment 49 #
Proposal for a regulation
Recital 8
Recital 8
(8) As terrorist organisations are increasingly involved in other forms of serious and organised crimes, such as trafficking in human beings, drug trafficking or money laundering, it is also necessary to cross- check judicial proceedings against such serious crimes.
Amendment 62 #
Proposal for a regulation
Recital 12
Recital 12
(12) FThe exchange of reliable identification data is crucial for the identification of cross-links between terrorism investigations and judicial proceedings against suspects of terrorist offences, reliable identification data is crucial. D. The use of biometric data is therefore vital due to the uncertainties regarding alphanumerical data especially for third country nationals, it should be possible to exchange biometric data. Due to the sensitive nature of biometric data and the impact processing of biometric data has onthe use of fake and double identities by suspects as well as the fact that such data often are the only link to the suspects in the investigative phase. Member states should the respect fore 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 appliedovide such information in cases where the national judicial authorities have access to it. Due to the sensitive nature of biometric data, a strict purpose limitation should be put in place with regard to such data by the competent authorities and Eurojust in each case.
Amendment 67 #
Proposal for a regulation
Recital 13
Recital 13
(13) As information about existing cross-links to other judicial proceedings is most useful at an early stage of the investigation, it is necessary that the competent authorities provide information to Eurojust as soon as judicial authorities are involvedthe case is referred to a judicial authority, in accordance with national law. If the competent national authorities are already aware of cross-links, they should inform Eurojust accordingly.
Amendment 73 #
Proposal for a regulation
Recital 15
Recital 15
(15) Given the sensitive nature of judicial proceedings against suspects of terrorist offences, it is not always possible for the competent national authorities to share the information on terrorist offences at the earliest stage. Such derogations from the obligation to provide information should remain an exceptiononly be applied in strictly exceptional situations.
Amendment 76 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) In order to serve its purposes under Regulation (EU) 2018/1727 and other applicable Union law, the case management system should be linked to other relevant Union IT systems, such as the Schengen Information System (SIS), ECRIS-TCN and the JIT Collaboration Platform, in accordance with Union law. Access to the information in such systems should be provided based on the rules set out in provisions on the respective IT systems.
Amendment 90 #
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 ablet is therefore necessary to extend the time limits for storing data in the European Judicial Counter-Terrorism Register. In addition, the possibility to cross -check new terrorist investigations also with previous investigations ancould establish potential links, it is necessary to store the data on any previous investigations, not only on convictions and to extend the time limits for storing data in the European Judicial Counter-Terrorism Register and entail the need for cooperation. Such cross- checking might reveal that a person suspected or prosecuted in an ongoing case in a Member State was suspected or prosecuted in a concluded case in another Member State. It might also establish links between ongoing investigations or prosecutions which could have been hidden otherwise. This is the case even where previous investigations ended in an acquittal or in a final decision not to prosecute. It is therefore necessary to store the data on any previous investigations, not only on convictions. 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 102 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1727
Article 21a – paragraph 1
Article 21a – paragraph 1
1. The competent national authorities shall inform their national members of any ongoing or concluded criminal investigations supervised by judicial authorities, prosecutions, court proceedings and court decisions on terrorist offences as soon as judicial authorities are involvedthe case is referred to the judicial authorities, in accordance with national law. That obligation shall apply to all criminal investigations related to terrorist offences regardless of whether there is a known link to another Member State or a third country, unless the criminal investigation, due to its specific circumstances, clearly affects only one Member State.
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1727
Article 21a – paragraph 1 a (new)
Article 21a – paragraph 1 a (new)
1 a. Paragraph 1 shall not apply where: a) the sharing of information would jeopardise a current investigation or the safety of an individual;or b) the sharing of information would be contrary to essential security interests of the Member State concerned.
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1727
Article 21a – paragraph 2
Article 21a – paragraph 2
2. Terrorist offences for the purpose of this Article are offences referred to in Directive (EU) 2017/541 of the European Parliament and of the Council*. The obligation referred to in paragraph 1 shall apply to all terrorist offences regardless whether there is a known link to another Member State or third country, unless the case, due to its specific circumstances, clearly affects only one Member State.
Amendment 108 #
3. The information transmitted in accordance with paragraph 1 shall include the operational personal data and non- personal data listed in Annex III the competent national authorities have access to. In case of personal data referred to in Annex III, point d, however, that data shall only be transmitted if the transmission is necessary to reliably identify a person referred to in Article 27(5).
Amendment 111 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1727
Article 21a – paragraph 5
Article 21a – paragraph 5
Amendment 113 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2018/1727
Article 22a – paragraph 1
Article 22a – paragraph 1
1. The communication between the competent national authorities and Eurojust under this Regulation shall be carried out through the decentralised IT system as defined in Regulation (EU) [.../…] of the European Parliament and of the Council* [Regulation on the digitalisation of judicial cooperation]. The case management system referred to in Article 23 of this Regulation shall be connected to the decentralised IT system.
Amendment 118 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2018/1727
Article 22a – paragraph 3
Article 22a – paragraph 3
3. The competent national authorities shall transmit the information in accordance with Articles 21 and 21a to Eurojust in a semi-automated manner from national registers and in a structured way determined by Eurojustthe Commission, in consultation with Eurojust, by means of an implementing act, pursuant to Articles 22b and 22c.
Amendment 119 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2018/1727
Article 22a – paragraph 3 a (new)
Article 22a – paragraph 3 a (new)
Amendment 124 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2018/1727
Article 23 – paragraph 5 – subparagraph 2
Article 23 – paragraph 5 – subparagraph 2
The national members may, however, temporarily store and analyse personal data for the purpose of determining whether such data are relevant to Eurojust’s tasks and can be included in the operational datacase management system. That data may be held for up to three months.
Amendment 130 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2018/1727
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The national member shall also indicate, in general or specific terms, any restrictions on the further handling, access and transfer of the information if a cross- link referred to in Article 23(2), point (c), has been identified.
Amendment 139 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2018/1727
Article 27 – paragraph 5 – subparagraph 2
Article 27 – paragraph 5 – subparagraph 2
Furthermore, Eurojust may continue to process the operational personal data referrlated to ian point (a) of the first subparagraph also after the proceedings have been concluded under the national lawacquitted person in order to identify cross-links between proceedings concluded by an acquittal, ofn the Member State concerned, even in case of an acquittal. Where the proceedings did not result in a conviction, processing of personal data may only take place in order to identify links with othone hand, and other ongoing or future investigations or prosecutions, on the other hand. That also applies to operational per songoing or concluded investigations and prosecutions as referred to in Article 23(2), point (c).;al data related to a person who has been the subject of a final decision of non-prosecution.
Amendment 143 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Regulation (EU) 2018/1727
Article 29 – paragraph 1a – point b
Article 29 – paragraph 1a – point b
(b) 56 years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecution became final, 34 years in case of an acquittal. or a final decision of non- prosecution;