BETA

Activities of Axel VOSS related to 2013/0256(COD)

Legal basis opinions (0)

Amendments (32)

Proposal for a regulation
Recital 4

(4) ~~Since~~Considering that the EPPO is established by enhanced cooperation, the Regulation implementing enhanced cooperation on the establishment of the European Public Prosecutor'’s Office ~~should be established from Eurojust, this Regulation includes the provisions necessary to regulate the relations between Eurojust and~~is binding in its entirety and only directly applicable to Member States which participate in enhanced cooperation. Therefore, for those Member States not participating in the European Public Prosecutor'’s Office, Eurojust remains fully competent for forms of crime listed in Annex I to this Regulation.

2017/09/06
Committee: JURI

Proposal for a regulation
Recital 5

(5) Whilst the European Public Prosecutor's Office should have exclusive competence to investigate and prosecute crimes affecting the Union's financial interests, Eurojust should be able to support national authorities when they are investigating and prosecuting these forms of crime in accordance with the Regulation establishing the European Public Prosecutor's Office.deleted

2017/09/06
Committee: JURI

Proposal for a regulation
Recital 10 a (new)

(10a) At the request of a Member State's competent authority or the Commission, Eurojust may also assist investigations involving only that Member State but which have repercussions at Union level. Examples of cases which have repercussions at Union level include those where a member of an EU institution or body is involved. It also covers cases which involve a significant number of Member States and could potentially require a coordinated European response.

2017/09/06
Committee: JURI

Proposal for a regulation
Recital 15

(15) The Commission should be represented in the ~~College when it exercises its management functions and in the~~ Executive Board, to ensure non- operational supervision and strategic guidance of Eurojust.

2017/09/06
Committee: JURI

Proposal for a regulation
Recital 26

(26) To enhance operational cooperation between Eurojust and Europol, and particularly to establish links between data already in the possession of either body, Eurojust should enable Europol to have access ~~to and be able to search against data available at Eurojust~~, on the basis of a hit/no-hit system, to data available at Eurojust. Eurojust and Europol should be able to conclude a working arrangement ensuring, in a reciprocal manner within their respective mandates, access to, and the possibility of searching, all information that has been provided for the purpose of cross- checking in accordance with specific safeguards and data protection guarantees provided for in this Regulation. Any access to data available at Eurojust should, by technical means, be limited to information falling within the respective mandates of those Union bodies.

2017/09/06
Committee: JURI

Proposal for a regulation
Article 1 a (new)

Article 1 a Definitions (a) 'personal data' means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; (b) 'operational personal data' means all personal data processed by Eurojust to fulfil the tasks laid down in Article 2; (c) 'administrative personal data' means all personal data processed by Eurojust apart from those that are processed to fulfil the tasks laid down in Article 2;

2017/09/06
Committee: JURI

Proposal for a regulation
Article 3 – paragraph 1

1. Eurojust'’s competence shall cover the forms of crime listed in Annex 1I. ~~However, its competence shall not include the crimes for which~~With regard to forms of crime for which the European Public Prosecutor’s Office exercises its competence Eurojust shall only exercise its competences within its respective mandate avoiding any overlap with action taken by the European Public Prosecutor's Office. However, Eurojust shall exercise its competences in cases involving Member States which do not participate in enhanced cooperation on the establishment of the European Public Prosecutor'’s Office ~~is competent~~and at the request of those Member States or at the request of the European Public Prosecutor’s Office. The practical details on the exercise of competence in accordance with this paragraph shall be regulated by a working arrangement referred to in Article 38(2a).

2017/09/06
Committee: JURI

Proposal for a regulation
Article 3 – paragraph 1 a (new)

1a. For forms of crime other than those listed in Annex 1, Eurojust may also, in accordance with its tasks, assist in the investigations and prosecutions at the request of a competent authority of a Member State.

2017/09/06
Committee: JURI

Proposal for a regulation
Article 3 – paragraph 2 a (new)

2a. Eurojust's competence shall cover other criminal offences related to the forms of crime and the offences referred to in Annex I.

2017/09/06
Committee: JURI

Proposal for a regulation
Article 5 – paragraph 2 a

2a. Without prejudice to paragraph 2, the College shall focus on operational issues and any other issues that are directly linked to operational matters. It shall only be involved in administrative matters to the extent necessary to ensure that its operational tasks are fulfilled.

2017/09/06
Committee: JURI

Proposal for a regulation
Article 12 – paragraph 3

3. The European Public Prosecutor shall receive the agendas of all College meetings and shall be entitled to participate in such meetings, without the right to vote, whenever issues are discussed which he or she considers to be of relevance for the functioning of the European Public Prosecutor's Office.deleted

2017/09/06
Committee: JURI

Proposal for a regulation
Article 14

Article 14 Management functions of the College 1. management functions shall: a) programming document by a majority of two thirds of its members and in accordance with Article 15; b) of its members, the annual budget of Eurojust and exercise other functions in respect of Eurojust's budget pursuant to Chapter VI; c) activity report on Eurojust's activities and send it, by [date foreseen in FFR] of the following year, to the European Parliament, national parliaments, the Council, the Commission and the Court of Auditors, and make the consolidated annual activity report public; d) as part of the programming document; e) applicable to Eurojust in accordance with Article 52; f) adopt rules for the prevention and management of conflicts of interest in respect of its members; g) in accordance with paragraph 2, exercise, with respect to the staff of the Agency, the powers conferred by the Staff Regulations1 on the Appointing Authority and by the Conditions of Employment of Other Servants2 on the Authority Empowered to conclude Contracts of Employment ("the appointing authority powers"); h) appoint the Administrative Director and where relevant extend his or her term of office or remove him or her from office in accordance with Article 17; i) appoint an Accounting Officer and a Data Protection Officer who shall be functionally independent in the performance of their duties; j) adopt working arrangements concluded in accordance with Article 43; k) elect the President and Vice- Presidents in accordance with Article 11; l) adopt its rules of procedure. 2. accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Administrative Director and defining the conditions under which this delegation of powers can be suspended. The Administrative Director shall be authorised to sub-delegate these powers. 3. Where exceptional circumstances so require, the College may temporarily decide to suspend the delegation of the appointing authority powers to the Administrative Director and those sub- delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Administrative Director. 4. on appointment, extension of the term of office and removal from office of the Administrative Director on the basis of a two-thirds majority of its members. ___________________ 17 Council Regulation No 31 (EEC), 11 (EAEC) of 18 December 1961 laying down the Staff Regulations for Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community, OJ P 045, 14.6.1962, p. 1385, as amended, in particular, by Council Regulation 259/68, of 29 February 1968 (OJ L 56, 4.3.1968, p. 1), as itself subsequently amended. 18 Council Regulation No 31 (EEC), 11 (EAEC) of 18 December 1961 laying down the Staff Regulations for Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community, OJ P 045, 14.6.1962, p. 1385, as amended, in particular, by Council Regulation 259/68, of 29 February 1968 (OJ L 56, 4.3.1968, p. 1), as itself subsequently amended.deleted The College exercising its adopt each year Eurojust's adopt, by a majority of two thirds adopt a consolidated annual adopt staff resource programming adopt the financial rules The College shall adopt, in The College shall reach decisions

2017/09/06
Committee: JURI

Proposal for a regulation
Article 16 – paragraph 7

7. The European Public Prosecutor shall receive the agendas of all Executive Board meetings and shall be free to participate in such meetings, without the right to vote, whenever issues are discussed which he or she considers to be of relevance for the functioning of the European Public Prosecutor's Office.deleted

2017/09/06
Committee: JURI

Proposal for a regulation
Article 16 – paragraph 8

~~8. The European Public Prosecutor may address written opinions to the Executive Board, to which the Executive Board shall respond in writing without undue delay.~~deleted

2017/09/06
Committee: JURI

Proposal for a regulation
Article 18 – paragraph 4 – point g

g) protecting the financial interests of the Union by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative and financial penalties;deleted

2017/09/06
Committee: JURI

Proposal for a regulation
Article 24 – paragraph 7

~~7. The Case Management System and its temporary work files shall be made available for use by the European Public Prosecutor's Office.~~deleted

2017/09/06
Committee: JURI

Proposal for a regulation
Article 24 – paragraph 8

8. The provisions on access to the Case Management System and the temporary work files shall apply mutatis mutandis to the European Public Prosecutor's Office. However, the information entered into the Case Management System, temporary work files and the index by the European Public Prosecutor's Office shall not be available for access at the national level.deleted

2017/09/06
Committee: JURI

Proposal for a regulation
Article 27 a (new)

Article 27 a Administrative personal data 1. Regulation (EC) No 45/2001 applies to all administrative personal data held by Eurojust. 2. Eurojust shall determine the retention periods for administrative personal data in the data protection provisions of its rules of procedure.

2017/09/06
Committee: JURI

Proposal for a regulation
Article 27 b (new)

Article 27 b Operational personal data 1. Insofar as it is necessary to perform its tasks, Eurojust may, within the framework of its competence and in order to carry out its operational functions, process by automated means or in structured manual files in accordance with this Regulation relevant data listed in point 1 of Annex 2, concerning persons who, under the national law of the Member States concerned, are suspected or accused of having committed or having taken part in a criminal offence in respect of which Eurojust is competent or who have been convicted of such an offence. 2. Eurojust may process relevant data listed in point 2 of Annex 2, concerning persons who, under the national law of the Member States concerned, are regarded as witnesses or victims in a criminal investigation or prosecution regarding one or more of the types of crime and the offences referred to in Article 3. The processing of such personal data may only take place if it is necessary for the fulfilment of the tasks of Eurojust, within the framework of its competence and in order to carry out its operational functions. 3. In exceptional cases, Eurojust may also, for a limited period of time which shall not exceed the time needed for the conclusion of the case related to which the data are processed, process personal data other than those referred to in paragraphs 1 and 2 relating to the circumstances of an offence where they are immediately relevant to and included in on-going investigations which Eurojust is coordinating or helping to coordinate and when their processing is strictly necessary for the purposes specified in paragraph 1. The Data Protection Officer referred to in Article 31 shall be informed immediately of recourse to this paragraph and of the specific circumstances which justify the necessity of the processing of such personal data. Where such other data refer to witnesses or victims within the meaning of paragraph 2, the decision to process them shall be taken jointly by the relevant national members. 4. Processing of personal data in respect of victims of a criminal offence, witnesses or other persons who can provide information concerning criminal offences, or in respect of persons under the age of 18, shall be allowed if it is strictly necessary and proportionate for preventing or combating crime that falls within Eurojust’s objectives. 5. Processing of personal data, by automated or other means, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership and processing of genetic data or data concerning a person's health or sex life shall be prohibited, unless it is strictly necessary and proportionate for preventing or combating crime that falls within Eurojust's objectives or linked to the investigation and if those data supplement other personal data processed by Eurojust. The selection of a particular group of persons solely on the basis of such personal data shall be prohibited. 6. No decision by a competent authority which produces adverse legal effects concerning a data subject shall be based solely on automated processing of data as referred to in paragraph 5, unless the decision is expressly authorised pursuant to national or Union legislation.

2017/09/06
Committee: JURI

Proposal for a regulation
Article 38 – paragraph 2 a (new)

2a. For the purposes set out in paragraphs 1 and 2, Eurojust may conclude working arrangements with entities referred to in paragraph 1. Those working arrangements shall not form the basis for allowing the exchange of personal data and shall not bind the Union or its Member States.

2017/09/06
Committee: JURI

Proposal for a regulation
Article 40 – paragraph 4 a (new)

4a. Eurojust and Europol may conclude a working arrangement ensuring, in a reciprocal manner and within their respective mandates, access to, and the possibility of searching, all information that has been provided for the performance of its tasks in accordance with Articles 2 and 4 of this Regulation. This shall be without prejudice to the right of Member States, Union bodies, third countries and international organisations to indicate restrictions on access to, and the use of, such data, and shall be in accordance with the data protection guarantees provided for in this Regulation.

2017/09/06
Committee: JURI

Proposal for a regulation
Article 41 – paragraph 4

4. ~~The co~~In operation established in accordance with paragraph 1 shall entail the exchange of information, including personal data. Any data thus exchanged shall only be used for the purposes for which it was provided. Any other usage of the data shall only be allowed in as far as such usage falls within the mandate of the body receiving the data, and subject to the prior aal matters, Eurojust may involve the European Public Prosecutor’s Office in its activities concerning cross-border cases, including by: a) sharing information, including personal data, on its cases in accordance with the relevant provisions of this Regulation; b) request support provided by the European Public Prosecuthor~~isation of the body which provided the data~~’s Office.

2017/09/06
Committee: JURI

Proposal for a regulation
Article 41 – paragraph 5

5. ~~For the purpose of identifying whether information available at Eurojust matches with information processed by~~Eurojust shall have access on the basis of a hit/no-hit system to information in the case management system of the European Public Prosecutor's Office~~, Eurojust shall put in place a mechanism for automatic cross-checking of data entered into its Case Management System~~. Whenever a match is found between data entered into the Ccase Mmanagement Ssystem by the European Public Prosecutor'’s Office and data ~~entere~~held by Eurojust, the fact that there is a match will be communicated to both Eurojust and the European Public Prosecutor'’s Office, as well as the Member States which provided the data to Eurojust. ~~In cases where the data was provided by a third party, Eurojust shall only inform that third party of the match found with the consent of the European Public Prosecutor's Office~~Eurojust shall take the appropriate measures to enable the European Public Prosecutor’s Office to have access to information in its case management system on the basis of a hit/no-hit system.

2017/09/06
Committee: JURI

Proposal for a regulation
Article 41 – paragraph 6

~~6. Eurojust shall designate and inform the European Public Prosecutor's Office which staff members shall be authorised to have access to the results of the cross-checking mechanism.~~deleted

2017/09/06
Committee: JURI

Proposal for a regulation
Article 41 – paragraph 7

7. Eurojust shall support the functioning of the European Public Prosecutor's Office through services to be supplied by its staff. Such support shall in any case include: a) technical support in the preparation of the annual budget, the programming document containing the annual and multiannual programming and the management plan; b) technical support in staff recruitment and career-management; c) security services; d) e) and audit services; f) interest. The details of the services to be provided shall be laid down in an agreement between Eurojust and the European Public Prosecutor's Office.deleted Information Technology services; financial management, accounting any other services of common

2017/09/06
Committee: JURI

Proposal for a regulation
Article 41 – paragraph 8

8. The European Public Prosecutor may address written opinions to the College, to which the College shall respond in writing without undue delay. Such written opinions shall in any case be presented whenever the College adopts the annual budget and work programme.deleted

2017/09/06
Committee: JURI

Proposal for a regulation
Article 42 – paragraph 2 a (new)

2a. Frontex shall contribute to Eurojust's work including by transmitting information processed in accordance with its mandate and tasks under Regulation (EU) 2016/16241a. _____________ 1a Regulation(EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).

2017/09/06
Committee: JURI

Proposal for a regulation
Article 51 – paragraph 5

5. On receipt of the Court of Auditors' observations on Eurojust's provisional accounts pursuant to Article 148 of Regulation (EU, EURATOM) No 966/2012, the Administrative Director shall draw up Eurojust's final accounts under his or her own responsibility and submit them to the ~~College~~Executive Board for an opinion.

2017/09/06
Committee: JURI

Proposal for a regulation
Article 51 – paragraph 6

6. The ~~College~~Executive Board shall deliver an opinion on Eurojust's final accounts.

2017/09/06
Committee: JURI

Proposal for a regulation
Article 51 – paragraph 9

9. The Administrative Director shall send the Court of Auditors a reply to its observations by 30 September of the following year at the latest. The Administrative Director shall also send this reply to the ~~College~~Executive Board and to the Commission.

2017/09/06
Committee: JURI

Proposal for a regulation
Article 52 – paragraph 1

The financial rules applicable to Eurojust shall be adopted by the ~~College~~Executive Board in accordance with [Regulation 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities]Commission Delegated Regulation (EU) No 1271/20131a and after consultation with the Commission. They shall not depart from [Delegated Regulation ~~2343/2002]~~(EU) No 1271/2013 unless such departure is specifically required for Eurojust's operation and the Commission has given its prior consent. _______________ 1aCommission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).

2017/09/06
Committee: JURI

Proposal for a regulation
Article 60 – paragraph 2

2. The ~~College~~Executive Board shall, within six months of the date of its first meeting, ~~adopt~~prepare the detailed rules for applying Regulation (EC) No 1049/2001 for adoption by the College.

2017/09/06
Committee: JURI