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REPORT (COM(2023)0754 – C90431/2023 – 2023/0438(COD))

On the proposal for a regulation of the European Parliament and of the Council on enhancing police cooperation in relation to the prevention, detection and investigation of migrant smuggling and trafficking in human beings, and on enhancing Europol’s support to preventing and combating such crimes and amending Regulation (EU) 2016/794

A-10-2025-0109

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Jeroen Lenaers

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Parliament's amended version of the proposed regulation amends Regulation (EU) 2016/794 to strengthen Europol's support and police cooperation against migrant smuggling and trafficking in human beings. It establishes the European Centre Against Migrant Smuggling within Europol, sets rules for data sharing and biometric data processing, and clarifies Europol staff powers. It also addresses staff contracts and includes a budgetary assessment noting the need for 50 additional posts and funding.

Committee position. The Committee on Civil Liberties, Justice and Home Affairs proposes to amend the Commission proposal, simplifying it by deleting the self-standing regulation and amending Regulation (EU) 2016/794 directly.

Key points

  1. Establishes the European Centre Against Migrant Smuggling within Europol to coordinate and implement investigative and operational actions, provide strategic analyses, and support victim identification.
  2. Requires Member States to seek to establish or strengthen dedicated structures to combat migrant smuggling and trafficking, and to share relevant information via SIENA.
  3. Allows Europol staff to implement investigative measures relating to data processing under conditions: in liaison with Member State authorities, in accordance with national law, and authorised by the Executive Director.
  4. Clarifies that processing of biometric data must meet minimum quality standards and comply with data protection safeguards, including necessity and proportionality.
  5. Encourages cooperation between Europol and Member States on investigations involving internet activities, including social media.
  6. Limits contracts for staff from Member States' competent authorities to a maximum of ten years, with transitional arrangements for existing staff.
  7. Deletes provisions on operational task forces and Europol deployments for operational support from the Commission proposal.
  8. Extends Europol's objectives to cover violations of Union restrictive measures in line with Directive (EU) 2024/1226.
  9. Budgetary assessment welcomes 50 additional posts for Europol but calls for a different distribution: 20 AD temporary agents, 10 contract agents, and 20 seconded national experts.
  10. Calls on the Commission to clarify the legislative financial statement and limit redeployments from other programmes.

Who is affected

  • Europol: gains a new centre and tasks, with staff contract limits and data processing rules.
  • Member States: must seek to establish dedicated anti-smuggling structures and share information via SIENA.
  • Europol staff: subject to ten-year contract limit and may implement data-related investigative measures under conditions.
  • Frontex and Eurojust: may provide permanent representatives to the new centre.

Figures and deadlines

  • 50 full-time equivalent posts (FTEs) proposed for Europol for 2025-2027.
  • EUR 48.9 million operational and EUR 1.1 million administrative appropriations for 2025-2027.
  • EUR 20 million from the margin for operational appropriations.
  • Maximum fixed contract duration of ten years for Europol staff.

Legal basis: Article 294(2), Article 85(1), Article 87(2), and Article 88(2) of the Treaty on the Functioning of the European Union.