BETA

Activities of Cornelia ERNST related to 2018/0250(COD)

Shadow reports (1)

2021/06/30
Committee: LIBE
Dossiers: 2018/0250(COD)
Documents: PDF(168 KB) DOC(50 KB)
Authors: [{'name': 'Monika HOHLMEIER', 'mepid': 96780}]

Amendments (66)

Proposal for a regulation
Recital 3

(3) The European Council of 15 December 2016 called for continued delivery on the interoperability of EU information systems and databases. The European Council of 23 June 2017 underlined the need to improve the interoperability between databases and on 12 December 2017, the Commission adopted a proposal for a Regulation on establishing a framework for interoperability between EU information systems (Police and judicial cooperation, asylum and migration)13. __________________ 13 COM(2017) 794 final.deleted

2018/12/10
Committee: LIBE

Proposal for a regulation
Recital 4

(4) The Union’s objective of ensuring a high level of security within an area of freedom, security and justice pursuant to Article 67(3) of the Treaty on the Functioning of the European Union (TFEU) should be achieved, among others, through measures to prevent and combat crime as well as through measures for coordination and cooperation between law enforcement authorities and other national authorities of Member States, including with relevant Union agencies and other relevant Union bodies~~, and with relevant third countries and international organisations~~.

2018/12/10
Committee: LIBE

Proposal for a regulation
Recital 5

(5) To achieve this objective, actions should be taken at Union level to protect people ~~and goods~~, public spaces and critical infrastructure from increasingly transnational threats and to support the work carried out by Member States’ competent authorities. Terrorism, serious and organised crime, ~~itinerant crime,~~ drug trafficking, corruption, cybercrime, trafficking in human beings and arms, among others, continue to challenge the internal security of the Union.

2018/12/10
Committee: LIBE

Proposal for a regulation
Recital 12

(12) Within the comprehensive framework of the Fund, the financial assistance provided through the Fund should in particular support police and judicial cooperation and prevention in the fields of serious and organised crime, illicit arms trafficking, corruption, money laundering, drug trafficking, environmental crime, ~~exchange of and access to information,~~ terrorism, trafficking in human beings, exploitation of ~~illegal im~~refugees and irregular migra~~tion~~nts, child sexual exploitation, distribution of child abuse images ~~and child pornography~~, and cybercrime. The Fund should also support the protection of people, public spaces and critical infrastructure against security-related incidents and the effective management of security-related risks and crises, including through the development of common policies (strategies, policy cycles, programmes and action plans), legislation and practical cooperation.

2018/12/10
Committee: LIBE

Proposal for a regulation
Recital 14

(14) There is a need to maximise the impact of Union funding ~~by mobilising, pooling and leveraging public and private financial resources~~. The Fund should promote and encourage the active and meaningful participation and involvement of civil society, including non- governmental organisations, ~~as well as the industrial sector~~ in the development and implementation of security policy, including where relevant with involvement of other relevant actors, Union agencies and other Union bodies, ~~third countries and international organisations~~ in relation to the objective of the Fund.

2018/12/10
Committee: LIBE

Proposal for a regulation
Recital 21

(21) MNo measures in and in relation to third countries ~~supported through the Fund should be implemented in full synergy and coherence wi~~other th and should complement other actions outside the Union supported through the Union’s external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreign policy related to the country or region in question. In relation to the external dimension, the Fund should enhance cooperation with third countries in areas of interest to EEA/EFTA members should be supported through this Fund as other Union’s internal security, such as countering terrorism and radicalisation, cooperation with third country law enforcement authorities in the fight against terrorism (including detachments and joint investigation teams), serious and organised crime and corruption, trafficking in human beings and migrant smuggling external financing instruments are available.

2018/12/10
Committee: LIBE

Proposal for a regulation
Recital 27

(27) As challenges in the area of security are constantly evolving, there is a need to adapt the allocation of funding to changes in security threats and steer funding towards the priorities with the highest added value for the Union. To respond to pressing needs, changes in policy and Union priorities and to steer funding towards actions with a high level of Union added value, part of the funding will be periodically allocated to specific actions, Union actions and emergency assistance via a thematic facility.deleted

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) ‘crime prevention’ means all measures that are intended to reduce ~~or otherwise contribute to reducing crime and citizens’ feeling of insecurity, as referred to in Article 2(2) of Council Decision 2009/902/JHA29~~ crime; __________________ 29 Council Decision 2009/902/JHA of 30 November 2009 setting up a European Crime Prevention Network (EUCPN) and repealing Decision 2001/427/JHA (OJ L 321, 8.12.2009, p. 44).

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point d

(d) ‘cybercrime’ means cyber- dependent crimes, that is to say crimes that can be committed only through the use of information and communications technology (ICT) devices and systems, where the devices and systems are either tools for committing the crime or the primary targets of the crime; and cyber- enabled crimes, that is to say traditional crimes, such as child sexual exploitation, which can be increased in scale or reach by the use of computers, computer networks or other forms of ICT;

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point f

(f) ‘EU Policy Cycle’ refers to an intelligence-led and multidisciplinary initiative with the aim to fight the most important serious and organised crime threats to the Union by encouraging cooperation between the Member States, the Union institutions~~, the agencies and where relevant third countries and organisation~~ and agencies;

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point h

(h) ‘judicial cooperation’ means judicial cooperation in criminal matters as set out in Chapter 4 of Title V of the Treaty on the Functioning of the European Union;

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 1

1. The policy objective of the Fund shall be to contribute to ensuring a high level of security in the Union, in particular by tackling terrorism ~~and radicalisation~~, serious and organised crime and cybercrime ~~and~~, by preventing radicalisation as well as by assisting and protecting victims of crime.

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 2 – point a

(a) to i~~ncreas~~mprove the exchange of information among and within the Union law enforcement and other competent authorities and other relevant Union bodies as well as with third countries and international organisations, where relevant;

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 2 – point c

(c) to support effort at strengthening the capabilities in relation to ~~combatting and~~ preventing crime ~~including terrorism~~ in particular through increased cooperation between public authorities, civil society and private partners across the Member States.

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 4

4. Actions funded shall be implemented in full respect for fundamental rights and human dignity, and the funding shall be interrupted and recovered if there are indications that the actions contribute to their violation. In particular, actions shall comply with the provisions of the Charter of Fundamental Rights of the European Union, Union data protection law and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). ~~In particular, wherever possible, s~~Special attention shall be given ~~by Member States~~ when implementing actions ~~to the assistance and protection of~~relating vulnerable persons, in particular children ~~and~~, unaccompanied minors and persons seeking international protection.

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 1

1. Within the objectives referred to in Article 3 and in-line with the implementation measures listed in Annex II, the Fund shall ~~in particular~~ support the actions listed in Annex III.

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 2

2. To achieve the objectives of this Regulation, the Fund may support the actions in-line with Union priorities as referred to in Annex III in relation to and in third countries, where appropriate, in accordance with Article 5.deleted

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 – point a

(a) actions limited to, or mainly consisting of, the maintenance of public order at national level;

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 – point e

(e) coercive equipment, including weapons, ammunition, explosives and riot sticks~~, except for training~~;

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 – point f

(f) informant rewards and flash 35 35 money ~~outside the framework of an EMPACT action~~. __________________ 35 ‘Flash money’ is genuine cash which is shown (exhibited) during a criminal investigation as proof of liquidity and solvency to the suspects or other persons who have information about availability or delivery or who act as intermediaries, in order to carry out a fictitious purchase aimed at arresting suspects, identifying illegal production sites or otherwise dismantling an organised crime group.

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2

~~Where an emergency situation occurs, non-eligible actions referred to in this paragraph may be considered eligible.~~deleted

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 5 – paragraph 1 – point a – point ii

(ii) ~~third country listed in the work programme under the conditions specified therein~~EFTA members that are members of the EEA, in accordance with the conditions laid down in the EEA agreement; acceding and candidate countries, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decision, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries.

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 5 – paragraph 1 – point b

(b) any legal entity created under Union law ~~or any international organisation~~.

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 5 – paragraph 3

~~3. Legal entities established in a third country are exceptionally eligible to participate where this is necessary for the achievement of the objectives of a given action.~~deleted

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 5 – paragraph 4

4. Legal entities participating in consortia of at least two independent entities, established in different Member States or overseas ~~countries or~~ territories linked to those states ~~or in third countries~~, are eligible.

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 1

1. The financial envelope for the implementation of the Fund for the period 2021-2027 shall be EUR ~~2 5~~1 000 000 000 in current prices.

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 2 – point a

(a) EUR ~~1 5~~800 000 000 shall be allocated to the programmes implemented under shared management;

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 2 – point b

(b) EUR ~~1 0~~200 000 000 shall be allocated to the thematic facility.

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – introductory part

The financial envelope referred to in Article 7(2)(b) shall be allocated flexibly through the thematic facility using shared, direct and indirect management as set out in work programmes adopted according to Article 28 on delegated acts. Funding from the thematic facility shall be used for its components:

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point a

~~(a) specific actions;~~deleted

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 8 – paragraph 1 a (new)

1a. Before the adoption of a work programme, the Commission shall consult relevant stakeholders, including civil society organisations.

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 8 – paragraph 5

5. The Commission shall establish the overall amount made available for the thematic facility at under the annual appropriations of the Union budget. The Commission shall adopt financing decisions as referred to in Article [110] of the Financial Regulation for the thematic facility identifying the objectives and actions to be supported and specifying the amounts for each of its components as referred to paragraph 1. ~~Financing decisions shall set out, where applicable, the overall amount reserved for blending operations.~~

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point a

(a) EUR ~~1 2~~650 000 000 to the Member States in accordance with the criteria in Annex I;

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point b

(b) EUR 2150 000 000 to the Member States for the adjustment of the allocations for the programmes as referred to in Article 13(1).

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 11 – paragraph 2

~~2. The contribution from the Union budget may be increased to 90 % of the total eligible expenditure for projects implemented under specific actions.~~deleted

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 2

2. The Commission shall ensure that the Union Agency for Law Enforcement Cooperation (Europol), the European Union Agency for Law Enforcement Training (CEPOL) and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) are associated to the development of the programmes at an early stage, as regards the areas of their competence. Specifically, Member States shall consult Europol on the design of their actions in particular when including EU policy cycle or EMPACT actions or actions coordinated by the Joint Cybercrime Action Taskforce (J-CAT) in their programmes. Prior to including training in their programmes, Member States shall coordinate with CEPOL in order to ~~avoid overlap~~establish best practice. Members States shall also consult other relevant stakeholders, including civil society organisations, on the design of their actions.

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 3

3. The Commission may associate the Union Agency for Law Enforcement Cooperation (Europol), the European Union Agency for Law Enforcement Training (CEPOL) and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) where appropriate in the monitoring and evaluation tasks as specified in Section 5 in particular in view of ensuring that the actions implemented with the support of the Fund, which fall within their mandate, are compliant with the relevant Union acquis and agreed Union priorities.

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 4

4. A maximum of 15 % of the allocation of a Member State programme may be used for the purchase of equipment, or means of transport ~~or the construction of security-relevant facilities~~. This ceiling may be exceeded only in duly justified cases.

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 5 – point a

(a) Union priorities and acquis in the area of security in particular information exchange ~~and interoperability of IT systems~~;

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 8

8. Whenever a Member State decides to implement projects with or in a third country, with the support of the Fund, the Member State concerned shall consult the Commission prior to the start of the project.deleted

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 14

1. or national projects in line with the objectives of this Regulation for which one, several or all Member States may receive an additional allocation to their programmes. 2. their allocation calculated in accordance with Article 10(1), receive funding for specific actions, provided that it is earmarked as such in the programme and is used to contribute to the implementation of the objectives of this Regulation, including covering newly emerging threats. 3. The funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme.4 Article 14 deleted Specific actions Specific actions are transnational Member States may, in addition to

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 17 – paragraph 5

5. The evaluation committee, assessing the proposals, ~~may~~shall be composed of external experts.

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 18

~~Blending operation decided under this Fund shall be implemented in accordance with the InvestEU Regulation36 and Title X of the Financial Regulation. __________________ 36~~Article 18 deleted Blending operations Full reference.

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 21 – paragraph 1

1. The recipient of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting the actions and their results by providing coherent, effective ~~and proportionate targeted~~, detailed and meaningful information to multiple audiences, including media and the public.

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 21 – paragraph 2

2. The Commission shall implement information and communication actions relating to the Fund and its actions and results. Financial resources allocated to the Fund shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives of this Regulation.

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 22 – paragraph 2

~~2. Emergency assistance may take the form of grants awarded directly to the decentralised agencies.~~deleted

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 24 – paragraph 1

1. In compliance with its reporting requirements pursuant to Article [43(3)(h)(i)(iii)] of the Financial Regulation, the Commission shall present to the European Parliament and the Council information on performance in accordance with Annex VIII.

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 24 – paragraph 2

~~2. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 28 to amend Annex V in order to make the necessary adjustments to the information on performance to be provided to the European Parliament and the Council.~~

2018/12/10
Committee: LIBE

Proposal for a regulation
Article 24 – paragraph 5

5. In order to ensure effective assessment of the progress of the Fund towards the achievement of its objectives, the Commission shall be empowered to adopt delegated acts in accordance with Article 28 to amend Annex VIII to review and complement the indicators where necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework, including for project information to be provided by the Member States. Qualitative indicators shall be included for the assessment.

2018/12/10
Committee: LIBE

Proposal for a regulation
Annex II – paragraph 1 – point a

(a) to ensure the uniform application of the Union acquis on security supporting information exchange ~~for example via Prüm, EU PNR and SIS II~~, including through the implementation of recommendations from quality control and evaluation mechanisms such as the Schengen evaluation mechanism and other quality control and evaluation mechanisms;

2018/12/10
Committee: LIBE

Proposal for a regulation
Annex II – paragraph 1 – point b

(b) to ~~set up, adapt and~~ maintain security relevant Union IT systems and communication networks~~, including their interoperability, and to develop appropriate tools to address identified gaps~~;

2018/12/10
Committee: LIBE

Proposal for a regulation
Annex II – paragraph 2 – point a

(a) to i~~ncreas~~mprove law enforcement operations between Member States, including when appropriate with other relevant actors, in particular to facilitate and improve the use of joint investigation teams, joint patrols, hot pursuits, discreet surveillance and other operational cooperation mechanisms in the context of the EU Policy Cycle (EMPACT), with special emphasis on cross-border operations;

2018/12/10
Committee: LIBE

Proposal for a regulation
Annex II – paragraph 3 – point a

(a) to increase law enforcement training, exercises, mutual learning, specialised exchange programmes and sharing of best practice including ~~in and with third countries and~~ other relevant actors;

2018/12/10
Committee: LIBE

Proposal for a regulation
Annex III – indent 1

— IT systems and networks contributing to the achievement of the objectives of this Regulation, training on the use of such systems, and on fundamental rights aspects relating to their use, testing and improving ~~interoperability and~~ data quality of such systems;

2018/12/10
Committee: LIBE

Proposal for a regulation
Annex III – indent 2

— monitoring of the implementation of Union law and Union policy objectives in the Member States in the area of ~~security information systems~~freedom, security and justice;

2018/12/10
Committee: LIBE

Proposal for a regulation
Annex III – indent 3

~~– EMPACT actions implementing or facilitating the implementation of the EU Policy Cycle;~~deleted

2018/12/10
Committee: LIBE

Proposal for a regulation
Annex III – indent 7

– education and training of staff and experts of relevant law-enforcement and judicial authorities and administrative agencies ~~taking into account operational needs and risk analyses, based on the LETS and in cooperation with CEPOL and, when applicable, the European Judicial Training Network~~;

2018/12/10
Committee: LIBE

Proposal for a regulation
Annex III – indent 8

– ~~cooperation with the private sector in order to build trust and improve coordination, contingency planning and the~~ exchange and dissemination of information and best practices among public and private actors including in the protection of public spaces and critical infrastructure;

2018/12/10
Committee: LIBE

Proposal for a regulation
Annex III – indent 10

– equipment, means of transport, communication systems ~~and essential security-relevant facilities~~;

2018/12/10
Committee: LIBE

Proposal for a regulation
Annex IV – indent 2

– Projects which aim at improving the interoperability of IT systems and communication networks.41 __________________ 41 In line with the Commission Communication on stronger and smarter information systems for borders and security COM(2016) 205.deleted

2018/12/10
Committee: LIBE

Proposal for a regulation
Annex V

Core performance indicators referred to in Article 24(1) Specific Objective 1: (1) mechanisms, data source: Europol, EU- LISA, Council, Member States Specific Objective 2: (1) actions supported by the Fund. data source: Europol, Eurojust, Member States (2) frozen, estimated value of assets confiscated with the help of the Fund. data source: Member States (3) Value of illicit drug seizures achieved with involvement of cross-border cooperation between law enforcement agencies. data source: Member States, Union action grant beneficiaries (4) Number of Schengen Evaluation Recommendations with a financial implication in the area of security addressed with the support of the Fund, as compared to the total number of recommendations with a financial implication in the area of security. data source: Member States Specific Objective 3: (1) officials that completed training, exercises, mutual learning or specialised exchange programmes on cross-border related topics provided with the support of the Fund. data source: Member States (2) Number of critical infrastructures and public spaces of which the protection against security-related incidents has been improved with the help of the Fund. data source: Member States (3) Number of initiatives to prevent radicalisation leading to violent extremism. data source: RANdeleted Use of EU information exchange Number of joint operational The estimated value of assets Number of law enforcement

2018/12/10
Committee: LIBE

Proposal for a regulation
Annex VIII – part 1 – point 2 – paragraph 1

~~Number of new connections between security-relevant databases made with support of the Fund: (a) with EU and where relevant international databases; (b) (c) States; (d)~~deleted within the Member State; with one or more other Member with one or more third countries.

2018/12/10
Committee: LIBE

Proposal for a regulation
Annex VIII – part 2 – point 4

~~(4) Value of illicit drug seizures achieved with involvement of cross-border cooperation between law enforcement agencies. data source: Member States, Union action grant beneficiaries~~deleted

2018/12/10
Committee: LIBE

Proposal for a regulation
Annex VIII – part 3 – point 1 a (new)

(1a) Feedback of the participants on the added value of the programmes.

2018/12/10
Committee: LIBE

Proposal for a regulation
Annex VIII – part 3 – point 3 – paragraph 1

Number of victims of crime assisted with the support of the Fund, broken down by type of crime (trafficking in human beings~~, migrant smuggling~~ and organs, terrorism, serious and organised crime, cybercrime, ~~child~~ sexual exploitation and child exploitation, torture or inhuman or degrading treatment).

2018/12/10
Committee: LIBE

Proposal for a regulation
Annex VIII – part 3 – point 5 – paragraph 1 – point c

(c) number of study visits, trainings, workshops and counselling completed in Member States in close coordination with national Authorities broken down by beneficiaries (law enforcement authorities, other) and feedback of participants on their added value.

2018/12/10
Committee: LIBE