13 Amendments of Sophia IN 'T VELD related to 2021/0393(COD)
Amendment 47 #
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, structured and updated information possible. The persistence of the terrorist threat and the complexity of the phenomenon raise the need for an ever greater exchange of information.
Amendment 50 #
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, at the earliest possible stage, sufficient information to enable Eurojust to cross- check this data.
Amendment 55 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) New competencies of sharing, storing and cross-checking data will significantly increase the amount of data processed at Eurojust for which reason additional financial, human and technical resources should be foreseen.
Amendment 63 #
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, reliable identification data is crucial. 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 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 competent authorities and Eurojust in each casethose data should be transmitted only in cases where it is necessary for the identification of the data subject.
Amendment 69 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to ensure the accuracy of the data in the European Judicial Counter- Terrorism Register, to identify cross-links early and to ensure time limits are respected, the competent national authorities should update the information provided regularly. Such updates should include new information relating to the person under investigation, developments in the proceedings and judicial decisions such as pre-trial detention or opening of the court proceedings and judicial cooperation requests or identified links with other jurisdictions.
Amendment 83 #
Proposal for a regulation
Recital 21
Recital 21
(21) Terrorist activities 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. TWherefore, terrorist offences should be considered per se transnational in their nature, ifn a case is referred to a judicial body, the international nature of a terrorist offense might, however, not be discovered. Through cross-checking, Eurojust might be able to identify the transnational nature of a terrorist offense. That is why prosecution of terrorist offences require, as allowed for in Article 85 TFEU, coordination and collaboration among prosecuting agencies or a prosecution on common bases. Information on terrorism cases should therefore be exchanged with Eurojust, unless the specific circumstances of the case do not clearly indicates a purely national character.
Amendment 100 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1727
Article 20 – paragraph 2a
Article 20 – paragraph 2a
2a. Each Member State shall designate a competent national authority as Eurojust national correspondent for terrorism matters. This national correspondent for terrorism matters shall be a judicial or other competent authority. Where the national legal system requires, more than one authority can be designated. The national correspondent for terrorism matters shall have access to all relevant information in accordance with Article 21a(1). It shall be competent to collect such information and to send it to Eurojust. in compliance with the applicable data protection rules;
Amendment 114 #
2. Where exchange of information in accordance with paragraph 1 is not possible due to the unavailability of the decentralised IT system or due to exceptional circumstances, it shall be carried out by the swiftest, most appropriate alternative means. Member States and Eurojust shall ensure that the alternative means of communication are reliable and provide an equivalent level of security and data protection.
Amendment 115 #
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 European Commission, in consultation with Eurojust, by means of an implementing act, pursuant to Articles 22b and 22c. In particular, that implementing act shall determine the format of and necessary safeguards with respect to transmission of data referred to in Annex III, point d.
Amendment 125 #
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 129 #
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 indicate and justify, 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 132 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2018/1727
Article 25 – paragraph 1– point a
Article 25 – paragraph 1– point a
(a) data controlled by the national member of their Member State, unless the national member, who has decided to introduce the data in the case management system, expressly denied such access;
Amendment 142 #
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) 5 years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecution became final, 3 years in case of an acquittal.indictment withdrawal, an acquittal or final decision of non-prosecution;