Sittings · Document

Draft report (COM(2023)0754 – C9-0431/2023 – 2023/0438(COD)) 2025-03-18

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

Committee on Civil Liberties, Justice and Home Affairs

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Amendment 50

Saskia Bricmont

Proposal for a regulation

–

Proposal for rejection
The European Parliament rejects [the Commission proposal].

Or. en

Amendment 51

Ilaria Salis

Proposal for a regulation

–

Proposal for rejection
The European Parliament rejects [the Commission proposal].

Or. en

Amendment 52

Georgiana Teodorescu, Alessandro Ciriani, Charlie Weimers, Assita Kanko

Proposal for a regulation

Title 1

Text proposed by the CommissionAmendment
Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon 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) 2016/794Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILamending Regulation (EU) 2016/794

Or. en

Amendment 53

Saskia Bricmont

Proposal for a regulation

Title 1

Text proposed by the CommissionAmendment
Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon 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) 2016/794Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILamending Regulation (EU) 2016/794 as regards Europol’s support to preventing and combating migrant smuggling and trafficking in human beings

Or. en

Amendment 54

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Title 1

Text proposed by the CommissionAmendment
Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon 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) 2016/794Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILamending Regulation (EU) 2016/794 with a view to strengthening support provided to Europol for the prevention, detection and investigation of migrant smuggling and trafficking in human beings

Or. fr

Amendment 55

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Title 1

Text proposed by the CommissionAmendment
Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon 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) 2016/794Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILamending Regulation (EU) 2016/794 on Europol’s support to the prevention, detection and investigation of migrant smuggling and trafficking in human beings

Or. en

Amendment 56

Ilaria Salis

Proposal for a regulation

Title 1

Text proposed by the CommissionAmendment
Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon 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) 2016/794Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon enhancing police cooperation in relation to the prevention, detection and investigation of exploitative forms 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

Or. en

Amendment 57

Saskia Bricmont

Proposal for a regulation

Recital 1

Text proposed by the CommissionAmendment
(1) The European Union Agency for Law Enforcement Cooperation (Europol) was established by Regulation (EU) 2016/794 of the European Parliament and of the Council1 to support and strengthen action by the competent authorities of the Member States and their mutual cooperation in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy.(1) The European Union Agency for Law Enforcement Cooperation (Europol) was established by Regulation (EU) 2016/794 of the European Parliament and of the Council1
__________________________________
1 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135 24.5.2016, p. 53, ELI: http://data.europa.eu/eli/reg/2016/794/oj.1 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135 24.5.2016, p. 53, ELI: http://data.europa.eu/eli/reg/2016/794/oj.

Or. en

Amendment 58

Sebastian Tynkkynen

Proposal for a regulation

Recital 1 a (new)

Text proposed by the CommissionAmendment
(1a) Europol’s capacity should be developed so as to also cover situations of instrumentalised entry of migrants, which may involve non-state actors, such as organised crime.

Or. fi

Amendment 59

Ilaria Salis

Proposal for a regulation

Recital 2

Text proposed by the CommissionAmendment
(2) Migrant smuggling is a criminal activity that disrespects human life and dignity of people in the pursuit of profit, undermining the fundamental rights of the people concerned as well as the migration management objectives of the Union. The European Council, in its conclusions of 9 February 2023, reaffirmed the importance of the fight against smugglers and affirmed the willingness to step up its action to prevent irregular departures and loss of life, also by intensifying cooperation with countries of origin and transit. To this effect, it is also important to strengthen the response of law enforcement to migrant smuggling and trafficking in human beings by reinforcing the capabilities of Europol, and in particular its Union centre of specialised expertise for combating migrant smuggling and trafficking in human beings.(2) Migrant smuggling is a criminalized activity that might disrespect human life and dignity of people in the pursuit of profit, undermining the fundamental rights of the people concerned. To this effect, it is important to strengthen the response of law enforcement to exploitative forms of migrant smuggling by enhancing cooperation between Europol and national authorities.

Or. en

Amendment 60

Saskia Bricmont

Proposal for a regulation

Recital 2

Text proposed by the CommissionAmendment
(2) Migrant smuggling is a criminal activity that disrespects human life and dignity of people in the pursuit of profit, undermining the fundamental rights of the people concerned as well as the migration management objectives of the Union. The European Council, in its conclusions of 9 February 2023, reaffirmed the importance of the fight against smugglers and affirmed the willingness to step up its action to prevent irregular departures and loss of life, also by intensifying cooperation with countries of origin and transit. To this effect, it is also important to strengthen the response of law enforcement to migrant smuggling and trafficking in human beings by reinforcing the capabilities of Europol, and in particular its Union centre of specialised expertise for combating migrant smuggling and trafficking in human beings.(2) Migrant smuggling is a criminal activity that disrespects human life and dignity of people in the pursuit of profit, undermining the fundamental rights of the people concerned. The criminals behind seize the opportunity created by the need or desire of people to escape not just poverty and lack of employment opportunities but also natural disaster, conflict or persecution. Vulnerable individuals, including asylum seekers and refugees are often accused of migrant smuggling due to the broad contours of this crime.

Or. en

Amendment 61

Sebastian Tynkkynen

Proposal for a regulation

Recital 2

Text proposed by the CommissionAmendment
(2) Migrant smuggling is a criminal activity that disrespects human life and dignity of people in the pursuit of profit, undermining the fundamental rights of the people concerned as well as the migration management objectives of the Union. The European Council, in its conclusions of 9 February 2023, reaffirmed the importance of the fight against smugglers and affirmed the willingness to step up its action to prevent irregular departures and loss of life, also by intensifying cooperation with countries of origin and transit. To this effect, it is also important to strengthen the response of law enforcement to migrant smuggling and trafficking in human beings by reinforcing the capabilities of Europol, and in particular its Union centre of specialised expertise for combating migrant smuggling and trafficking in human beings.(2) Migrant smuggling is a criminal activity that disrespects human life and dignity of people in the pursuit of profit, undermining the fundamental rights of the people concerned, as well as the migration management objectives of the Union, by facilitating illegal entry into the Union. The European Council, in its conclusions of 9 February 2023, reaffirmed the importance of the fight against smugglers and affirmed the willingness to step up its action to prevent irregular departures and loss of life, also by intensifying cooperation with countries of origin and transit. To this effect, it is also important to strengthen the response of law enforcement to migrant smuggling and trafficking in human beings by reinforcing the capabilities of Europol, and in particular its Union centre of specialised expertise for combating migrant smuggling and trafficking in human beings.

Or. fi

Amendment 62

Maciej Wąsik, Mariusz Kamiński

Proposal for a regulation

Recital 2

Text proposed by the CommissionAmendment
(2) Migrant smuggling is a criminal activity that disrespects human life and dignity of people in the pursuit of profit, undermining the fundamental rights of the people concerned as well as the migration management objectives of the Union. The European Council, in its conclusions of 9 February 2023, reaffirmed the importance of the fight against smugglers and affirmed the willingness to step up its action to prevent irregular departures and loss of life, also by intensifying cooperation with countries of origin and transit. To this effect, it is also important to strengthen the response of law enforcement to migrant smuggling and trafficking in human beings by reinforcing the capabilities of Europol, and in particular its Union centre of specialised expertise for combating migrant smuggling and trafficking in human beings.(2) Migrant smuggling is a criminal activity that disrespects human life and dignity of people in the pursuit of profit, undermining the fundamental rights of the people concerned as well as the objectives of the Union in tackling illegal migration. The European Council, in its conclusions of 9 February 2023, reaffirmed the importance of the fight against smugglers and affirmed the willingness to step up its action to prevent irregular departures and loss of life, also by intensifying cooperation with countries of origin and transit. To this effect, it is also important to strengthen the response of law enforcement to migrant smuggling and trafficking in human beings by reinforcing the capabilities of Europol, and in particular its Union centre of specialised expertise for combating migrant smuggling and trafficking in human beings.

Or. pl

Amendment 63

Saskia Bricmont

Proposal for a regulation

Recital 2 a (new)

Text proposed by the CommissionAmendment
(2 a) Migrant smuggling and trafficking in human beings are distinct crimes. In international law, migrant smuggling refers to the procurement of a person’s illegal entry and/or stay in a country in which they are not a national or resident in order to obtain a financial or other material benefit (Article 3 of the UN Smuggling Protocol). It is usually considered a crime against the state for violating immigration laws, rather than directly targeting the individual migrant, although it can expose migrants to dangerous or inhumane conditions. In contrast, human trafficking involves the recruitment, transport, transfer, harbouring or receipt of individuals using force, coercion, fraud, deception or abuse of power or of a position of vulnerability for the purpose of exploitation (Article 3 of the UN Trafficking Protocol). Trafficking is considered a crime against individuals and can also take place without border crossing.

Or. en

Amendment 64

Ilaria Salis

Proposal for a regulation

Recital 2 a (new)

Text proposed by the CommissionAmendment
(2 a) Trafficking in human beings is a serious crime, often committed within the framework of organised crime, is a gross violation of fundamental rights, and is explicitly prohibited by the Charter of Fundamental Rights of the European Union (the ‘Charter’). Preventing and combating trafficking in human beings, and supporting the victims of trafficking, regardless of their country of origin, remains a priority for the Union and the Member States. To this effect, it is also important to strengthen the response of law enforcement to trafficking in human beings by enhancing cooperation between Europol and national authorities.

Or. en

Amendment 65

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz, Ana Catarina Mendes

Proposal for a regulation

Recital 2 a (new)

Text proposed by the CommissionAmendment
(2 a) Vulnerable individuals are often the primary victims of migrant smuggling and trafficking in human beings. The strengthening of law enforcement efforts to prevent, detect, and investigate migrant smuggling and trafficking in human beings is to go hand in hand with ensuring the protection of victims and upholding their fundamental rights. In particular, it is important to ensure that the victim is not confused with or treated as the criminal.

Or. en

Amendment 66

Saskia Bricmont

Proposal for a regulation

Recital 3

Text proposed by the CommissionAmendment
(3) A “European Migrant Smuggling Centre” was created in 2016 by the Management Board of Europol in accordance with Article 11(1), point (s), of Regulation (EU) 2016/794 as such a Union centre of specialised expertise. It has continuously evolved since its inception and has expanded its range of activities in order to provide the best support to the Member States as a dynamic platform for operational cooperation, the exchange of information, and coordination between the Member States and partners engaged in the fight against migrant smuggling and the trafficking in human beings. The increases in irregular arrivals in the Union and in unauthorised movements within the Union, the rapid adaptability of criminal organised groups, the development of new modi operandi and sophisticated methods urgently require a significant reinforcement of the role of Europol’s Union centre of specialised expertise for combating migrant smuggling and trafficking in human beings by establishing it as a permanent structure within Europol and by strengthening the level of its engagement in supporting the Member States in the prevention and combating of migrant smuggling and trafficking in human beings. Its name should be “European Centre Against Migrant Smuggling”.deleted

Or. en

Amendment 67

Ilaria Salis

Proposal for a regulation

Recital 3

Text proposed by the CommissionAmendment
(3) A “European Migrant Smuggling Centre” was created in 2016 by the Management Board of Europol in accordance with Article 11(1), point (s), of Regulation (EU) 2016/794 as such a Union centre of specialised expertise. It has continuously evolved since its inception and has expanded its range of activities in order to provide the best support to the Member States as a dynamic platform for operational cooperation, the exchange of information, and coordination between the Member States and partners engaged in the fight against migrant smuggling and the trafficking in human beings. The increases in irregular arrivals in the Union and in unauthorised movements within the Union, the rapid adaptability of criminal organised groups, the development of new modi operandi and sophisticated methods urgently require a significant reinforcement of the role of Europol’s Union centre of specialised expertise for combating migrant smuggling and trafficking in human beings by establishing it as a permanent structure within Europol and by strengthening the level of its engagement in supporting the Member States in the prevention and combating of migrant smuggling and trafficking in human beings. Its name should be “European Centre Against Migrant Smuggling”.(3) A “European Migrant Smuggling Centre” was created in 2016 by the Management Board of Europol in accordance with Article 11(1), point (s), of Regulation (EU) 2016/794 as such a Union centre of specialised expertise.

Or. en

Amendment 68

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Recital 3

Text proposed by the CommissionAmendment
(3) A “European Migrant Smuggling Centre” was created in 2016 by the Management Board of Europol in accordance with Article 11(1), point (s), of Regulation (EU) 2016/794 as such a Union centre of specialised expertise. It has continuously evolved since its inception and has expanded its range of activities in order to provide the best support to the Member States as a dynamic platform for operational cooperation, the exchange of information, and coordination between the Member States and partners engaged in the fight against migrant smuggling and the trafficking in human beings. The increases in irregular arrivals in the Union and in unauthorised movements within the Union, the rapid adaptability of criminal organised groups, the development of new modi operandi and sophisticated methods urgently require a significant reinforcement of the role of Europol’s Union centre of specialised expertise for combating migrant smuggling and trafficking in human beings by establishing it as a permanent structure within Europol and by strengthening the level of its engagement in supporting the Member States in the prevention and combating of migrant smuggling and trafficking in human beings. Its name should be “European Centre Against Migrant Smuggling”.(3) A “European Migrant Smuggling Centre” was created in 2016 by the Management Board of Europol in accordance with Article 11(1), point (s), of Regulation (EU) 2016/794 as such a Union centre of specialised expertise. It has continuously evolved since its inception and has expanded its range of activities in order to provide the best support to the Member States as a dynamic platform for operational cooperation, the exchange of information, and coordination between the Member States and partners engaged in the fight against migrant smuggling and the trafficking in human beings. The increases in irregular arrivals in the Union and in unauthorised movements within the Union, the rapid adaptability of criminal organised groups, the development of new modi operandi and sophisticated methods require that this tool be rendered sufficiently flexible to strengthen the level of its engagement in supporting the Member States in the prevention and combating of migrant smuggling and trafficking in human beings.

Or. fr

Amendment 69

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz, Ana Catarina Mendes

Proposal for a regulation

Recital 3

Text proposed by the CommissionAmendment
(3) A “European Migrant Smuggling Centre” was created in 2016 by the Management Board of Europol in accordance with Article 11(1), point (s), of Regulation (EU) 2016/794 as such a Union centre of specialised expertise. It has continuously evolved since its inception and has expanded its range of activities in order to provide the best support to the Member States as a dynamic platform for operational cooperation, the exchange of information, and coordination between the Member States and partners engaged in the fight against migrant smuggling and the trafficking in human beings. The increases in irregular arrivals in the Union and in unauthorised movements within the Union, the rapid adaptability of criminal organised groups, the development of new modi operandi and sophisticated methods urgently require a significant reinforcement of the role of Europol’s Union centre of specialised expertise for combating migrant smuggling and trafficking in human beings by establishing it as a permanent structure within Europol and by strengthening the level of its engagement in supporting the Member States in the prevention and combating of migrant smuggling and trafficking in human beings. Its name should be “European Centre Against Migrant Smuggling”.(3) A “European Migrant Smuggling Centre” was created in 2016 by the Management Board of Europol in accordance with Article 11(1), point (s), of Regulation (EU) 2016/794 as such a Union centre of specialised expertise. It has continuously evolved since its inception and has expanded its range of activities in order to provide the best support to the Member States as a dynamic platform for operational cooperation, the exchange of information, and coordination between the Member States and partners engaged in the fight against migrant smuggling and the trafficking in human beings. The rapid adaptability of criminal organised groups, the development of new modi operandi and sophisticated methods urgently require a significant reinforcement of the role of Europol’s Union centre of specialised expertise for combating migrant smuggling and trafficking in human beings by establishing it as a permanent structure within Europol and by strengthening the level of its engagement in supporting the Member States in the prevention and combating of migrant smuggling and trafficking in human beings. Its name should be “European Centre Against Migrant Smuggling”.

Or. en

Justification

Levels of migration are not a justification for criminal investigations. The justification for increased powers for Europol is to tackle the criminal networks involved in smuggling people for profit.

Amendment 70

Sophie Wilmès, Hilde Vautmans, Lucia Yar, Veronika Cifrová Ostrihoňová

Proposal for a regulation

Recital 3

Text proposed by the CommissionAmendment
(3) A “European Migrant Smuggling Centre” was created in 2016 by the Management Board of Europol in accordance with Article 11(1), point (s), of Regulation (EU) 2016/794 as such a Union centre of specialised expertise. It has continuously evolved since its inception and has expanded its range of activities in order to provide the best support to the Member States as a dynamic platform for operational cooperation, the exchange of information, and coordination between the Member States and partners engaged in the fight against migrant smuggling and the trafficking in human beings. The increases in irregular arrivals in the Union and in unauthorised movements within the Union, the rapid adaptability of criminal organised groups, the development of new modi operandi and sophisticated methods urgently require a significant reinforcement of the role of Europol’s Union centre of specialised expertise for combating migrant smuggling and trafficking in human beings by establishing it as a permanent structure within Europol and by strengthening the level of its engagement in supporting the Member States in the prevention and combating of migrant smuggling and trafficking in human beings. Its name should be “European Centre Against Migrant Smuggling”.(3) A “European Migrant Smuggling Centre” was created in 2016 by the Management Board of Europol in accordance with Article 11(1), point (s), of Regulation (EU) 2016/794 as such a Union centre of specialised expertise. It has continuously evolved since its inception and has expanded its range of activities in order to provide the best support to the Member States as a dynamic platform for operational cooperation, the exchange of information, and coordination between the Member States and partners engaged in the fight against migrant smuggling and the trafficking in human beings. The increases in irregular arrivals in the Union and in unauthorised movements within the Union, the rapid adaptability of criminal organised groups, the growing instrumentalization of migrants and the development of new modi operandi and sophisticated methods urgently require a significant reinforcement of the role of Europol’s Union centre of specialised expertise for combating migrant smuggling and trafficking in human beings by establishing it as a permanent structure within Europol and by strengthening the level of its engagement in supporting the Member States in the prevention and combating of migrant smuggling and trafficking in human beings. Its name should be “European Centre Against Migrant Smuggling”.

Or. en

Amendment 71

Maciej Wąsik, Mariusz Kamiński

Proposal for a regulation

Recital 3

Text proposed by the CommissionAmendment
(3) A “European Migrant Smuggling Centre” was created in 2016 by the Management Board of Europol in accordance with Article 11(1), point (s), of Regulation (EU) 2016/794 as such a Union centre of specialised expertise. It has continuously evolved since its inception and has expanded its range of activities in order to provide the best support to the Member States as a dynamic platform for operational cooperation, the exchange of information, and coordination between the Member States and partners engaged in the fight against migrant smuggling and the trafficking in human beings. The increases in irregular arrivals in the Union and in unauthorised movements within the Union, the rapid adaptability of criminal organised groups, the development of new modi operandi and sophisticated methods urgently require a significant reinforcement of the role of Europol’s Union centre of specialised expertise for combating migrant smuggling and trafficking in human beings by establishing it as a permanent structure within Europol and by strengthening the level of its engagement in supporting the Member States in the prevention and combating of migrant smuggling and trafficking in human beings. Its name should be “European Centre Against Migrant Smuggling”.(3) A “European Migrant Smuggling Centre” was created in 2016 by the Management Board of Europol in accordance with Article 11(1), point (s), of Regulation (EU) 2016/794 as such a Union centre of specialised expertise. It has continuously evolved since its inception and has expanded its range of activities in order to provide the best support to the Member States as a dynamic platform for operational cooperation, the exchange of information, and coordination between the Member States and partners engaged in the fight against migrant smuggling and the trafficking in human beings. The increases in illegal arrivals in the Union and in unauthorised movements within the Union, the rapid adaptability of criminal organised groups, the development of new modi operandi and sophisticated methods urgently require a significant reinforcement of the role of Europol’s Union centre of specialised expertise for combating migrant smuggling and trafficking in human beings by establishing it as a permanent structure within Europol and by strengthening the level of its engagement in supporting the Member States in the prevention and combating of migrant smuggling and trafficking in human beings. Its name should be “European Centre Against Migrant Smuggling”.

Or. pl

Amendment 72

Saskia Bricmont

Proposal for a regulation

Recital 4

Text proposed by the CommissionAmendment
(4) The European Centre Against Migrant Smuggling should provide strategic, operational and technical support to Member States to prevent and combat migrant smuggling and trafficking in human beings. As part of its strategic tasks, it should provide a framework for the implementation of strategic and operational priorities of the Union by monitoring trends in migrant smuggling and trafficking in human beings. To that end it should provide annual reports, strategic analyses, threat assessments and situational updates on migratory routes and modi operandi, including indications that private parties may be used for migrant smuggling and trafficking in human beings. In the context of fulfilling its strategic and operational tasks, the European Centre Against Migrant Smuggling should cooperate with the European External Action Service and Common Security and Defense Policy missions and operations, where appropriate and relevant, in line with their respective mandates and competences, as well as in accordance with Europol’s mandate.deleted

Or. en

Amendment 73

Ilaria Salis

Proposal for a regulation

Recital 4

Text proposed by the CommissionAmendment
(4) The European Centre Against Migrant Smuggling should provide strategic, operational and technical support to Member States to prevent and combat migrant smuggling and trafficking in human beings. As part of its strategic tasks, it should provide a framework for the implementation of strategic and operational priorities of the Union by monitoring trends in migrant smuggling and trafficking in human beings. To that end it should provide annual reports, strategic analyses, threat assessments and situational updates on migratory routes and modi operandi, including indications that private parties may be used for migrant smuggling and trafficking in human beings. In the context of fulfilling its strategic and operational tasks, the European Centre Against Migrant Smuggling should cooperate with the European External Action Service and Common Security and Defense Policy missions and operations, where appropriate and relevant, in line with their respective mandates and competences, as well as in accordance with Europol’s mandate.deleted

Or. en

Justification

The following deletions of Recitals 4-16 relates to the deletion of the Articles on the self-standing regulation and the governance of the center.

Amendment 74

Jan-Christoph Oetjen, Veronika Cifrová Ostrihoňová, Lucia Yar, Hilde Vautmans, Nikola Minchev, Sophie Wilmès

Proposal for a regulation

Recital 4

Text proposed by the CommissionAmendment
(4) The European Centre Against Migrant Smuggling should provide strategic, operational and technical support to Member States to prevent and combat migrant smuggling and trafficking in human beings. As part of its strategic tasks, it should provide a framework for the implementation of strategic and operational priorities of the Union by monitoring trends in migrant smuggling and trafficking in human beings. To that end it should provide annual reports, strategic analyses, threat assessments and situational updates on migratory routes and modi operandi, including indications that private parties may be used for migrant smuggling and trafficking in human beings. In the context of fulfilling its strategic and operational tasks, the European Centre Against Migrant Smuggling should cooperate with the European External Action Service and Common Security and Defense Policy missions and operations, where appropriate and relevant, in line with their respective mandates and competences, as well as in accordance with Europol’s mandate.(4) The European Centre Against Migrant Smuggling should provide strategic, operational and technical support to Member States to prevent and combat migrant smuggling and trafficking in human beings. As part of its strategic tasks, it should provide a framework for the implementation of strategic and operational priorities of the Union by monitoring trends in migrant smuggling and trafficking in human beings. To that end it should provide annual reports, strategic analyses, threat assessments and situational updates on migratory routes and modi operandi, including indications that private parties may be used for migrant smuggling and trafficking in human beings, taking into account already existing data by EU agencies such as the European Border and Coast Guard Agency or the European Union Agency for Asylum. In the context of fulfilling its strategic and operational tasks, the European Centre Against Migrant Smuggling should cooperate with the European External Action Service and Common Security and Defense Policy missions and operations, where appropriate and relevant, in line with their respective mandates and competences, as well as in accordance with Europol’s mandate.

Or. en

Amendment 75

Sophie Wilmès, Hilde Vautmans, Lucia Yar, Veronika Cifrová Ostrihoňová, Jan-Christoph Oetjen

Proposal for a regulation

Recital 4

Text proposed by the CommissionAmendment
(4) The European Centre Against Migrant Smuggling should provide strategic, operational and technical support to Member States to prevent and combat migrant smuggling and trafficking in human beings. As part of its strategic tasks, it should provide a framework for the implementation of strategic and operational priorities of the Union by monitoring trends in migrant smuggling and trafficking in human beings. To that end it should provide annual reports, strategic analyses, threat assessments and situational updates on migratory routes and modi operandi, including indications that private parties may be used for migrant smuggling and trafficking in human beings. In the context of fulfilling its strategic and operational tasks, the European Centre Against Migrant Smuggling should cooperate with the European External Action Service and Common Security and Defense Policy missions and operations, where appropriate and relevant, in line with their respective mandates and competences, as well as in accordance with Europol’s mandate.(4) The European Centre Against Migrant Smuggling should provide strategic, cross-disciplinary, operational and technical support to Member States to prevent and combat migrant smuggling and trafficking in human beings. As part of its strategic tasks, it should provide a framework for the implementation of strategic and operational priorities of the Union by monitoring trends and developments in migrant smuggling and trafficking in human beings. To that end it should provide annual reports, strategic analyses, threat and risks assessments and situational updates on migratory routes and modi operandi, including indications that private parties may be used for migrant smuggling and trafficking in human beings. In the context of fulfilling its strategic and operational tasks, the European Centre Against Migrant Smuggling should cooperate with the European External Action Service and Common Security and Defense Policy missions and operations, where appropriate and relevant, in line with their respective mandates and competences, as well as in accordance with Europol’s mandate.

Or. en

Amendment 76

Ilaria Salis

Proposal for a regulation

Recital 5

Text proposed by the CommissionAmendment
(5) In order to strengthen inter-agency cooperation on migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should provide a means to enhance cooperation and coordination between Europol and other Union agencies, notably with Eurojust and the European Border and Coast Guard Agency, in line with their respective legal frameworks, including through working arrangements between the Union agencies.deleted

Or. en

Amendment 77

Saskia Bricmont

Proposal for a regulation

Recital 5

Text proposed by the CommissionAmendment
(5) In order to strengthen inter-agency cooperation on migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should provide a means to enhance cooperation and coordination between Europol and other Union agencies, notably with Eurojust and the European Border and Coast Guard Agency, in line with their respective legal frameworks, including through working arrangements between the Union agencies.(5) In order to strengthen inter-agency cooperation on countering criminal organisations and networks involved in migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should provide a means to enhance effective and transparent cooperation and coordination between Europol and other Union agencies, notably with Eurojust and the European Border and Coast Guard Agency, in line with their respective legal frameworks. Under no circumstances, the cooperation between Europol and the European Border and Coast Guard Agency should go beyond Regulation (EU) 2019/1896. In this regard, a clear and transparent governance framework with well-defined roles, tasks, responsibilities and accountability of all the stakeholders involved, in particular when it comes to exchanges of personal data, should be established and the JPSG should be informed.

Or. en

Justification

The change of wording "countering criminal organisations and networks" would apply to the entire text.

Amendment 78

Sophie Wilmès, Hilde Vautmans, Lucia Yar, Veronika Cifrová Ostrihoňová, Jan-Christoph Oetjen

Proposal for a regulation

Recital 5

Text proposed by the CommissionAmendment
(5) In order to strengthen inter-agency cooperation on migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should provide a means to enhance cooperation and coordination between Europol and other Union agencies, notably with Eurojust and the European Border and Coast Guard Agency, in line with their respective legal frameworks, including through working arrangements between the Union agencies.(5) In order to strengthen inter-agency cooperation on migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should provide a means to enhance cooperation and coordination between Europol and other Union agencies, notably with Eurojust and the European Border and Coast Guard Agency, in line with their respective legal frameworks, including through working arrangements between the Union agencies. In order to strengthen this cooperation, the roles of each party must be clarified so that each agency operates within its own legal framework and only when necessary—that is, when acting together provides added value.

Or. en

Amendment 79

Jan-Christoph Oetjen, Veronika Cifrová Ostrihoňová, Lucia Yar, Hilde Vautmans

Proposal for a regulation

Recital 5

Text proposed by the CommissionAmendment
(5) In order to strengthen inter-agency cooperation on migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should provide a means to enhance cooperation and coordination between Europol and other Union agencies, notably with Eurojust and the European Border and Coast Guard Agency, in line with their respective legal frameworks, including through working arrangements between the Union agencies.(5) In order to strengthen inter-agency cooperation on migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should provide a means to enhance cooperation and coordination between Europol and other Union agencies, notably with Eurojust, the EU Agency for Asylum and the European Border and Coast Guard Agency, in line with their respective legal frameworks, including through working arrangements between the Union agencies.

Or. en

Amendment 80

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Recital 6

Text proposed by the CommissionAmendment
(6) In order to support its strategic analysis in the prevention and combating of migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should, for strategic tasks, be supported by a cooperation framework composed of Europol staff and involve representatives of the Commission, Member States’ specialised services, the European Union Agency for Criminal Justice Cooperation (Eurojust) and the European Border and Coast Guard Agency. The European Centre Against Migrant Smuggling should hold a meeting of the entities represented in the centre at least twice a year to ensure effective steer and coordination at Union level. To enable that centre to fulfil its tasks, other relevant internal structures of Europol should provide it with all necessary support. In order to maximise the effectiveness of the European Centre Against Migrant Smuggling, Europol should be able to invite, in particular, the main actors of the European Multidisciplinary Platform Against Criminal Threats (‘EMPACT’) as well as other relevant Union bodies or agencies when needed.deleted

Or. fr

Justification

With a view to making tools such as this Centre more flexible, expeditious and efficient, organisational aspects should not be added to the legislation. These shoud be left to the discretion of the Board of Directors. This justification shall be applicable to other similar amendments.

Amendment 81

Ilaria Salis

Proposal for a regulation

Recital 6

Text proposed by the CommissionAmendment
(6) In order to support its strategic analysis in the prevention and combating of migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should, for strategic tasks, be supported by a cooperation framework composed of Europol staff and involve representatives of the Commission, Member States’ specialised services, the European Union Agency for Criminal Justice Cooperation (Eurojust) and the European Border and Coast Guard Agency. The European Centre Against Migrant Smuggling should hold a meeting of the entities represented in the centre at least twice a year to ensure effective steer and coordination at Union level. To enable that centre to fulfil its tasks, other relevant internal structures of Europol should provide it with all necessary support. In order to maximise the effectiveness of the European Centre Against Migrant Smuggling, Europol should be able to invite, in particular, the main actors of the European Multidisciplinary Platform Against Criminal Threats (‘EMPACT’) as well as other relevant Union bodies or agencies when needed.deleted

Or. en

Amendment 82

Maciej Wąsik, Mariusz Kamiński

Proposal for a regulation

Recital 6

Text proposed by the CommissionAmendment
(6) In order to support its strategic analysis in the prevention and combating of migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should, for strategic tasks, be supported by a cooperation framework composed of Europol staff and involve representatives of the Commission, Member States’ specialised services, the European Union Agency for Criminal Justice Cooperation (Eurojust) and the European Border and Coast Guard Agency. The European Centre Against Migrant Smuggling should hold a meeting of the entities represented in the centre at least twice a year to ensure effective steer and coordination at Union level. To enable that centre to fulfil its tasks, other relevant internal structures of Europol should provide it with all necessary support. In order to maximise the effectiveness of the European Centre Against Migrant Smuggling, Europol should be able to invite, in particular, the main actors of the European Multidisciplinary Platform Against Criminal Threats (‘EMPACT’) as well as other relevant Union bodies or agencies when needed.(6) In order to support its strategic analysis in the prevention and combating of migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should, for strategic tasks, be supported by a cooperation framework composed of Europol staff and involve representatives of the Commission, Member States’ specialised services, the European Union Agency for Criminal Justice Cooperation (Eurojust) and the European Border and Coast Guard Agency. The European Centre Against Migrant Smuggling should hold a meeting of the entities represented in the centre at least twice a year to ensure effective steer and coordination at Union level. To enable that centre to fulfil its tasks, other relevant internal structures of Europol should provide it with all necessary support. In order to maximise the effectiveness of the European Centre Against Migrant Smuggling, Europol should be able to invite, in particular, the main actors of the European Multidisciplinary Platform Against Criminal Threats (‘EMPACT’) as well as other relevant Union bodies or agencies when needed. At least once every two years, using its own budget, Europol should provide training to representatives of the Member States’ specialised services which cooperate with the European Centre Against Migrant Smuggling to ensure unified, high-quality cooperation.

Or. pl

Amendment 83

Jan-Christoph Oetjen, Veronika Cifrová Ostrihoňová, Lucia Yar, Hilde Vautmans

Proposal for a regulation

Recital 6

Text proposed by the CommissionAmendment
(6) In order to support its strategic analysis in the prevention and combating of migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should, for strategic tasks, be supported by a cooperation framework composed of Europol staff and involve representatives of the Commission, Member States’ specialised services, the European Union Agency for Criminal Justice Cooperation (Eurojust) and the European Border and Coast Guard Agency. The European Centre Against Migrant Smuggling should hold a meeting of the entities represented in the centre at least twice a year to ensure effective steer and coordination at Union level. To enable that centre to fulfil its tasks, other relevant internal structures of Europol should provide it with all necessary support. In order to maximise the effectiveness of the European Centre Against Migrant Smuggling, Europol should be able to invite, in particular, the main actors of the European Multidisciplinary Platform Against Criminal Threats (‘EMPACT’) as well as other relevant Union bodies or agencies when needed.(6) In order to support its strategic analysis in the prevention and combating of migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should, for strategic tasks, be supported by a cooperation framework composed of Europol staff and involve representatives of the Commission, Member States’ specialised services, the European Union Agency for Criminal Justice Cooperation (Eurojust), the European Union Agency for Asylum and the European Border and Coast Guard Agency. The European Centre Against Migrant Smuggling should hold a meeting of the entities represented in the centre at least twice a year to ensure effective steer and coordination at Union level. To enable that centre to fulfil its tasks, other relevant internal structures of Europol should provide it with all necessary support. In order to maximise the effectiveness of the European Centre Against Migrant Smuggling, Europol should be able to invite, in particular, the main actors of the European Multidisciplinary Platform Against Criminal Threats (‘EMPACT’) as well as other relevant Union bodies or agencies when needed.

Or. en

Amendment 84

Ilaria Salis

Proposal for a regulation

Recital 7

Text proposed by the CommissionAmendment
(7) As part of the operational and technical support to Member States, the European Centre Against Migrant Smuggling should ensure coordination of investigative and operational actions of the Member States, including through supporting Member States’ cross-border information exchange, operations and investigations, in particular in the framework of EMPACT, including by providing operational, technical, forensic and financial support. Furthermore, Europol should provide support to Member States in identifying cases of migrant smuggling and trafficking in human beings where investigations would need to be initiated, where needed in liaison with Eurojust, in cases that require setting up of operational task forces or Europol deployments for operational support, and cases that may require cooperation with third countries, including by exchanging personal data.deleted

Or. en

Amendment 85

Saskia Bricmont

Proposal for a regulation

Recital 7

Text proposed by the CommissionAmendment
(7) As part of the operational and technical support to Member States, the European Centre Against Migrant Smuggling should ensure coordination of investigative and operational actions of the Member States, including through supporting Member States’ cross-border information exchange, operations and investigations, in particular in the framework of EMPACT, including by providing operational, technical, forensic and financial support. Furthermore, Europol should provide support to Member States in identifying cases of migrant smuggling and trafficking in human beings where investigations would need to be initiated, where needed in liaison with Eurojust, in cases that require setting up of operational task forces or Europol deployments for operational support, and cases that may require cooperation with third countries, including by exchanging personal data.(7) As part of the operational and technical support to Member States, the European Centre Against Migrant Smuggling should ensure coordination of investigative and operational actions of the Member States, including through supporting Member States’ cross-border information exchange, operations and investigations, in particular in the framework of EMPACT, including by providing operational, technical, forensic and financial support. Furthermore, Europol should provide support to Member States in identifying cases of criminal organisations and networks involved in migrant smuggling and trafficking in human beings where investigations would need to be initiated, where needed in liaison with Eurojust, in cases that require setting up of operational task forces or Europol deployments for operational support, and cases that may require cooperation with third countries, including by exchanging personal data.

Or. en

Amendment 86

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz, Ana Catarina Mendes

Proposal for a regulation

Recital 7 a (new)

Text proposed by the CommissionAmendment
(7 a) The collection of personal data, in the context of the prevention, detection and investigation of migrant smuggling and trafficking in human beings, should be carried out by Europol in line with the purpose limitation principle and the principles of necessity and proportionality, in accordance with the rules laid down in Regulation 2016/794. All collection and further processing of personal data must comply with applicable data protection standards to protect fundamental rights.

Or. en

Amendment 87

Nikola Minchev, Jan-Christoph Oetjen

Proposal for a regulation

Recital 8

Text proposed by the CommissionAmendment
(8) The transfer of personal data by Europol to third countries may, in the absence of an adequacy decision or of adequate or appropriate data protection safeguards, be carried out in accordance with Article 25(5) of Regulation (EU) 2016/794. In particular, cases of migrant smuggling identified by the European Centre Against Migrant Smuggling that require cooperation with third countries could require transfers of personal data in individual cases for the purpose of prevention, investigation, detection or prosecution of criminal offences, or execution of criminal sanctions.deleted

Or. en

Amendment 88

Ilaria Salis

Proposal for a regulation

Recital 8

Text proposed by the CommissionAmendment
(8) The transfer of personal data by Europol to third countries may, in the absence of an adequacy decision or of adequate or appropriate data protection safeguards, be carried out in accordance with Article 25(5) of Regulation (EU) 2016/794. In particular, cases of migrant smuggling identified by the European Centre Against Migrant Smuggling that require cooperation with third countries could require transfers of personal data in individual cases for the purpose of prevention, investigation, detection or prosecution of criminal offences, or execution of criminal sanctions.deleted

Or. en

Amendment 89

Maciej Wąsik, Mariusz Kamiński

Proposal for a regulation

Recital 8

Text proposed by the CommissionAmendment
(8) The transfer of personal data by Europol to third countries may, in the absence of an adequacy decision or of adequate or appropriate data protection safeguards, be carried out in accordance with Article 25(5) of Regulation (EU) 2016/794. In particular, cases of migrant smuggling identified by the European Centre Against Migrant Smuggling that require cooperation with third countries could require transfers of personal data in individual cases for the purpose of prevention, investigation, detection or prosecution of criminal offences, or execution of criminal sanctions.(8) The transfer of personal data by Europol to third countries may, in the absence of an adequacy decision or of adequate or appropriate data protection safeguards, be carried out in accordance with Article 25(5) of Regulation (EU) 2016/794. In particular, cases of migrant smuggling identified by the European Centre Against Migrant Smuggling that require cooperation with third countries could require transfers of personal data in individual cases for the purpose of prevention, investigation, detection or prosecution of criminal offences, or execution of criminal sanctions. Where information previously provided by a Member State needs to be communicated to a third party, the European Centre Against Migrant Smuggling should consult that Member State. Once a month, Europol should carry out an evaluation of the process of transmitting data to third parties, taking into account the intended use of the data by the recipients.

Or. pl

Amendment 90

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz, Ana Catarina Mendes

Proposal for a regulation

Recital 8

Text proposed by the CommissionAmendment
(8) The transfer of personal data by Europol to third countries may, in the absence of an adequacy decision or of adequate or appropriate data protection safeguards, be carried out in accordance with Article 25(5) of Regulation (EU) 2016/794. In particular, cases of migrant smuggling identified by the European Centre Against Migrant Smuggling that require cooperation with third countries could require transfers of personal data in individual cases for the purpose of prevention, investigation, detection or prosecution of criminal offences, or execution of criminal sanctions.(8) The transfers of personal data to third countries by Europol should continue to take place only in exceptional cases and should be subject to strict necessity and proportionality assessments, in accordance with the rules laid down in Article 25 of Regulation 2016/794.

Or. en

Amendment 91

Nikola Minchev, Jan-Christoph Oetjen

Proposal for a regulation

Recital 8

Text proposed by the CommissionAmendment
(8) The transfer of personal data by Europol to third countries may, in the absence of an adequacy decision or of adequate or appropriate data protection safeguards, be carried out in accordance with Article 25(5) of Regulation (EU) 2016/794. In particular, cases of migrant smuggling identified by the European Centre Against Migrant Smuggling that require cooperation with third countries could require transfers of personal data in individual cases for the purpose of prevention, investigation, detection or prosecution of criminal offences, or execution of criminal sanctions.(8) Any processing of biometric data must be strictly necessary and proportionate, ensuring full compliance with Regulation (EU) 2018/17251a. Europol shall implement specific safeguards, including independent oversight and periodic review mechanisms, to prevent unauthorised access and misuse of biometric data.
_________________
1a Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC.

Or. en

Amendment 92

Saskia Bricmont

Proposal for a regulation

Recital 8

Text proposed by the CommissionAmendment
(8) The transfer of personal data by Europol to third countries may, in the absence of an adequacy decision or of adequate or appropriate data protection safeguards, be carried out in accordance with Article 25(5) of Regulation (EU) 2016/794. In particular, cases of migrant smuggling identified by the European Centre Against Migrant Smuggling that require cooperation with third countries could require transfers of personal data in individual cases for the purpose of prevention, investigation, detection or prosecution of criminal offences, or execution of criminal sanctions.(8) The transfer of personal data by Europol to third countries should be carried out in accordance with Article 25(5) of Regulation (EU) 2016/794. Derogations may not be applicable to systematic, massive or structural transfers. Where Europol, the EDPS or the JPSG, reach the conclusion that there are preliminary indications that personal data transferred is disproportionate, not necessary for the criminal investigation in the Member State or that it is collected in violation of fundamental rights or international law, Europol should delete it.

Or. en

Amendment 93

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz, Ana Catarina Mendes

Proposal for a regulation

Recital 8 a (new)

Text proposed by the CommissionAmendment
(8 a) As it is a special category of personal data, the processing of biometric data is particularly sensitive and requires strict safeguards to ensure the protection of fundamental rights and personal data. In the context of the prevention, detection and investigation of migrant smuggling and trafficking in human beings, the collection and processing of biometric data should be carried out in full compliance with the standards set out in the Directive (EU) 2016/680 of the European Parliament and of the Council1a. Any processing of biometric data should be strictly necessary and proportionate to the objective pursued and should be subject to strict oversight, ensuring that such data is handled with the highest level of security and in line with fundamental rights requirements.
_________________
1a Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89, ELI: http://data.europa.eu/eli/dir/2016/680/oj).

Or. en

Amendment 94

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Recital 9

Text proposed by the CommissionAmendment
(9) For the purpose of strengthening operational and technical support to preventing and combating migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should, for operational tasks, involve liaison officers from the Member States, Eurojust and the European Border and Coast Guard Agency to ensure an effective, timely and systematic coordination and exchange of information on countering migrant smuggling and trafficking in human beings at Union level, ensuring a stronger inter-agency cooperation within their respective competences and with Member States. Other relevant internal structures of Europol should also provide all necessary support. Liaison officers from Eurojust and the European Border and Coast Guard Agency liaison officers should be posted as permanent representatives to Europol for this purpose. Europol should be able to involve other relevant Union bodies or agencies to draw on the expertise falling within their competencies where relevant.deleted

Or. fr

Justification

See justification for recital 6.

Amendment 95

Ilaria Salis

Proposal for a regulation

Recital 9

Text proposed by the CommissionAmendment
(9) For the purpose of strengthening operational and technical support to preventing and combating migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should, for operational tasks, involve liaison officers from the Member States, Eurojust and the European Border and Coast Guard Agency to ensure an effective, timely and systematic coordination and exchange of information on countering migrant smuggling and trafficking in human beings at Union level, ensuring a stronger inter-agency cooperation within their respective competences and with Member States. Other relevant internal structures of Europol should also provide all necessary support. Liaison officers from Eurojust and the European Border and Coast Guard Agency liaison officers should be posted as permanent representatives to Europol for this purpose. Europol should be able to involve other relevant Union bodies or agencies to draw on the expertise falling within their competencies where relevant.deleted

Or. en

Amendment 96

Saskia Bricmont

Proposal for a regulation

Recital 9

Text proposed by the CommissionAmendment
(9) For the purpose of strengthening operational and technical support to preventing and combating migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should, for operational tasks, involve liaison officers from the Member States, Eurojust and the European Border and Coast Guard Agency to ensure an effective, timely and systematic coordination and exchange of information on countering migrant smuggling and trafficking in human beings at Union level, ensuring a stronger inter-agency cooperation within their respective competences and with Member States. Other relevant internal structures of Europol should also provide all necessary support. Liaison officers from Eurojust and the European Border and Coast Guard Agency liaison officers should be posted as permanent representatives to Europol for this purpose. Europol should be able to involve other relevant Union bodies or agencies to draw on the expertise falling within their competencies where relevant.(9) The European Centre Against Migrant Smuggling may, for operational tasks, involve liaison officers from the Member States, Eurojust and the European Border and Coast Guard Agency to ensure an effective, timely and systematic coordination and exchange of information on countering criminal organisations and networks involved in migrant smuggling and trafficking in human beings at Union level, ensuring a more efficient and transparent inter-agency cooperation within their respective legal frameworks, as well as cooperation with Member States and other stakeholders in accordance with Regulation (EU) 2016/794. Such cooperation should be in compliance with the fundamental rights and freedoms as enshrined in the Charter and the EU data protection framework. Where relevant, Europol may involve other relevant Union bodies or agencies to draw on the expertise falling within their competencies and for the purpose of preventing and combating criminal organisations and networks involved in migrant smuggling and trafficking in human beings. The internal structures of any of the specialized centres in Europol, in particular the European Centre Against Migrant Smuggling, and the stakeholders that are part of them, should be made publicly available and the JPSG should be informed.

Or. en

Amendment 97

Nikola Minchev

Proposal for a regulation

Recital 9

Text proposed by the CommissionAmendment
(9) For the purpose of strengthening operational and technical support to preventing and combating migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should, for operational tasks, involve liaison officers from the Member States, Eurojust and the European Border and Coast Guard Agency to ensure an effective, timely and systematic coordination and exchange of information on countering migrant smuggling and trafficking in human beings at Union level, ensuring a stronger inter-agency cooperation within their respective competences and with Member States. Other relevant internal structures of Europol should also provide all necessary support. Liaison officers from Eurojust and the European Border and Coast Guard Agency liaison officers should be posted as permanent representatives to Europol for this purpose. Europol should be able to involve other relevant Union bodies or agencies to draw on the expertise falling within their competencies where relevant.(9) For the purpose of strengthening operational and technical support to preventing and combating migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should, for operational tasks, involve liaison officers from the Member States, Eurojust and the European Border and Coast Guard Agency to ensure an effective, timely and systematic coordination and exchange of information on countering migrant smuggling and trafficking in human beings at Union level, ensuring a stronger inter-agency cooperation within their respective competences and with Member States. Other relevant internal structures of Europol should also provide all necessary support. Liaison officers from Eurojust and the European Border and Coast Guard Agency liaison officers should be posted as permanent representatives to Europol for this purpose. Given the limited funds currently available to Eurojust to combat illegal migration and trafficking of human beings, the deployment of Eurojust liaison officers should be funded by the General Budget of the European Union. Europol should be able to involve other relevant Union bodies or agencies to draw on the expertise falling within their competencies where relevant.

Or. en

Amendment 98

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz, Ana Catarina Mendes

Proposal for a regulation

Recital 9

Text proposed by the CommissionAmendment
(9) For the purpose of strengthening operational and technical support to preventing and combating migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should, for operational tasks, involve liaison officers from the Member States, Eurojust and the European Border and Coast Guard Agency to ensure an effective, timely and systematic coordination and exchange of information on countering migrant smuggling and trafficking in human beings at Union level, ensuring a stronger inter-agency cooperation within their respective competences and with Member States. Other relevant internal structures of Europol should also provide all necessary support. Liaison officers from Eurojust and the European Border and Coast Guard Agency liaison officers should be posted as permanent representatives to Europol for this purpose. Europol should be able to involve other relevant Union bodies or agencies to draw on the expertise falling within their competencies where relevant.(9) For the purpose of strengthening operational and technical support to preventing and combating migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should, for operational tasks, involve liaison officers from the Member States, Eurojust and the European Border and Coast Guard Agency to ensure an effective, timely and systematic coordination and exchange of information on countering migrant smuggling and trafficking in human beings at Union level, ensuring a stronger inter-agency cooperation within their respective competences and with Member States, while clearly defining their respective roles and functions to avoid overlap. Other relevant internal structures of Europol should also provide all necessary support. Liaison officers from Eurojust and the European Border and Coast Guard Agency liaison officers should be posted as permanent representatives to Europol for this purpose. Europol should be able to involve other relevant Union bodies or agencies to draw on the expertise falling within their competencies where relevant.

Or. en

Amendment 99

Saskia Bricmont

Proposal for a regulation

Recital 9 a (new)

Text proposed by the CommissionAmendment
(9 a) The reinforcement of Europol’s legal framework provides an opportunity to provide legal clarity about the competences, roles, tasks, responsibilities and accountability when it comes to inter-agency and stakeholder cooperation in countering criminal organisations and networks involved in migrant smuggling and trafficking in human beings, in particular concerning the division of the areas of criminal law and migration control. In this regard, clear and transparent binding rules should be implemented, be publicly available and the JPSG should be informed. Given the competences and nature of Frontex, Frontex should not collect any kind of information about suspects of any cross-border crimes, including migrant smuggling and trafficking in human beings. This collection must be strictly limited to the remit of Europol, Eurojust and Member States competent authorities, in accordance with their respective legal frameworks, and concern only suspects of cross-border crimes about whom Europol, Eurojust and Member State competent authorities are allowed to process personal data to perform their tasks.

Or. en

Amendment 100

Georgiana Teodorescu, Alessandro Ciriani, Charlie Weimers, Assita Kanko, Jadwiga Wiśniewska

Proposal for a regulation

Recital 9 a (new)

Text proposed by the CommissionAmendment
(9 a) Whereas the systematic exchange of personal data related to potential suspects of crime, in accordance with the respective mandates of Frontex and Europol, is essential for their identification and inclusion in Europol’s operational products, thereby constituting an indispensable condition for enabling effective action by Member States to prevent and combat migrant smuggling, as well as other relevant forms of serious international crime and terrorism;

Or. en

Amendment 101

Saskia Bricmont

Proposal for a regulation

Recital 9 b (new)

Text proposed by the CommissionAmendment
(9 b) Cooperation between Europol and Frontex should be limited to the exchange of information in line with their respective legal frameworks and transfers of personal data between them should be in compliance with Regulation (EU) 2018/1725. Such transfers such be justified and relevant for Europol’s objective of countering criminal organisations and networks involved in migrant smuggling and trafficking in human beings. Whenever there is a transfer of personal data between Europol and Frontex, each agency should be responsible to verify the necessity and proportionality of the personal data to counter criminal organisations and networks involved in migrant smuggling and trafficking in human beings. Under no circumstances, the cooperation between Europol and the European Border and Coast Guard Agency should go beyond Regulation (EU) 2019/1896. Any working arrangement between Europol and Frontex should be in line with the respective legal frameworks of the agencies and comply with the EU data protection framework.

Or. en

Amendment 102

Ilaria Salis

Proposal for a regulation

Recital 10

Text proposed by the CommissionAmendment
(10) EMPACT brings together a wide range of competent authorities in a partnership approach and constitutes both the framework for a coordinated response against organised and serious international crime and a catalyst to operationalise the Union security policies and strategies. To increase a multidisciplinary, holistic, and consistent response to prevent and combat migrant smuggling and the trafficking in human beings, as well as related crimes and enabling factors, Europol and all key stakeholders should increase their connections within EMPACT and the operational support to the activities developed by that platform.deleted

Or. en

Amendment 103

Maciej Wąsik, Mariusz Kamiński

Proposal for a regulation

Recital 10

Text proposed by the CommissionAmendment
(10) EMPACT brings together a wide range of competent authorities in a partnership approach and constitutes both the framework for a coordinated response against organised and serious international crime and a catalyst to operationalise the Union security policies and strategies. To increase a multidisciplinary, holistic, and consistent response to prevent and combat migrant smuggling and the trafficking in human beings, as well as related crimes and enabling factors, Europol and all key stakeholders should increase their connections within EMPACT and the operational support to the activities developed by that platform.(10) EMPACT brings together a wide range of competent authorities in a partnership approach and constitutes both the framework for a coordinated response against organised and serious international crime and a catalyst to operationalise the Union security policies and strategies. To increase a multidisciplinary, holistic, and consistent response to prevent and combat migrant smuggling, the trafficking in human beings and illegal migration, as well as related crimes and enabling factors, Europol and all key stakeholders should increase their connections within EMPACT and the operational support to the activities developed by that platform.

Or. pl

Amendment 104

Saskia Bricmont

Proposal for a regulation

Recital 10 a (new)

Text proposed by the CommissionAmendment
(10 a) In line with the presumption of innocence, natural persons in the Union should always be judged on their actual behaviour. Natural persons should never be judged on behaviour based solely on their profiling, personality traits or characteristics, such as nationality, place of birth, place of residence, number of children, level of debt or type of car, without a reasonable suspicion of that person being involved in a criminal activity based on objective verifiable facts and without human assessment thereof. Therefore, risk assessments carried out with regard to natural persons in order to assess the likelihood of their offending or to predict the occurrence of an actual or potential criminal offence based solely on profiling them or on assessing their personality traits and characteristics should be prohibited.

Or. en

Amendment 105

Ilaria Salis

Proposal for a regulation

Recital 11

Text proposed by the CommissionAmendment
(11) To ensure the appropriate involvement of judicial authorities in criminal investigations for offences relating to migrant smuggling and trafficking in human beings, the need to strengthen the mandate of Eurojust in relation to migrant smuggling and in relation to the amendments in the Europol mandate should be evaluated as part of the evaluation in accordance with Article 69 (1) Regulation (EU) 2018/1727.deleted

Or. en

Amendment 106

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Recital 11

Text proposed by the CommissionAmendment
(11) To ensure the appropriate involvement of judicial authorities in criminal investigations for offences relating to migrant smuggling and trafficking in human beings, the need to strengthen the mandate of Eurojust in relation to migrant smuggling and in relation to the amendments in the Europol mandate should be evaluated as part of the evaluation in accordance with Article 69 (1) Regulation (EU) 2018/1727.deleted

Or. en

Justification

This analysis may be valid, but the Europol Regulation does not determine the future of the Eurojust Regulation.

Amendment 107

Saskia Bricmont

Proposal for a regulation

Recital 11

Text proposed by the CommissionAmendment
(11) To ensure the appropriate involvement of judicial authorities in criminal investigations for offences relating to migrant smuggling and trafficking in human beings, the need to strengthen the mandate of Eurojust in relation to migrant smuggling and in relation to the amendments in the Europol mandate should be evaluated as part of the evaluation in accordance with Article 69 (1) Regulation (EU) 2018/1727.(11) In order to ensure the right to a fair trial in accordance to the Charter, access to judicial authorities and defence lawyers should always be guaranteed. To ensure the involvement of judicial authorities in criminal investigations for offences relating to countering criminal organisations and networks involved in migrant smuggling and trafficking in human beings, the need to strengthen the mandate of Eurojust in relation to the fight against criminal organisations and networks involved in migrant smuggling and in relation to the amendments in the Europol mandate should be evaluated as part of the evaluation in accordance with Article 69 (1) Regulation (EU) 2018/1727.

Or. en

Amendment 108

Ilaria Salis

Proposal for a regulation

Recital 12

Text proposed by the CommissionAmendment
(12) Europol should be the Union criminal information hub and act as a service provider, in particular by providing a secure network for the exchange of data, such as the secure information exchange network application (SIENA), aimed at facilitating the exchange of information between Member States, Europol, other Union bodies, third countries and international organisations. SIENA should enable swift, secure and user-friendly communication and exchange of operational and strategic crime-related information and intelligence and have a strong focus on interoperability with other systems at Europol and other cooperating states and organisations.deleted

Or. en

Amendment 109

Saskia Bricmont

Proposal for a regulation

Recital 12

Text proposed by the CommissionAmendment
(12) Europol should be the Union criminal information hub and act as a service provider, in particular by providing a secure network for the exchange of data, such as the secure information exchange network application (SIENA), aimed at facilitating the exchange of information between Member States, Europol, other Union bodies, third countries and international organisations. SIENA should enable swift, secure and user-friendly communication and exchange of operational and strategic crime-related information and intelligence and have a strong focus on interoperability with other systems at Europol and other cooperating states and organisations.(12) Europol should be the Union criminal information hub and act as a service provider in strict compliance of fundamental rights and freedoms as enshrined in the Charter and the applicable EU data protection framework, in particular by providing a secure network for the exchange of data, such as the secure information exchange network application (SIENA), aimed at facilitating the exchange of information between Member States. SIENA should enable swift, secure and user-friendly communication and exchange of operational and strategic crime-related information and intelligence concerning crimes within Europol’s mandate. Data exchange via SIENA implies clear data processing responsibilities. In order to ensure a high level of data protection, the purpose of processing operations and access rights as well as specific additional safeguards should be laid down. In particular, the principles of strict necessity and proportionality should be observed with regard to the processing of personal data.

Or. en

Amendment 110

Ilaria Salis

Proposal for a regulation

Recital 13

Text proposed by the CommissionAmendment
(13) Active engagement of the Member States and sharing of information with Europol is key to ensuring a comprehensive and coordinated Union approach to countering migrant smuggling. With a view to strengthening Member States’ capacities, Member States should designate specialised services for countering migrant smuggling, ensuring that they are adequately resourced to prevent and combat migrant smuggling and can share information on criminal investigations with Europol efficiently and effectively. In order to harmonise the sharing of information between the Member States and Europol on migrant smuggling, Member States should ensure that their designated services for countering migrant smuggling are directly connected to SIENA to facilitate the sharing of information. This is in line with Directive (EU) 2023/977 of the European Parliament and of the Council of 10 May 2023 on the exchange of information between the law enforcement authorities of Member States and repealing Council Framework Decision 2006/960/JHA. Member States’ immigration liaison officers posted in third countries should also share information with Europol; for this purpose, they should also be connected to SIENA in order to ensure that they can carry out the sharing of information referred to in paragraph 1 in an efficient and effective manner.deleted

Or. en

Amendment 111

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Recital 13

Text proposed by the CommissionAmendment
(13) Active engagement of the Member States and sharing of information with Europol is key to ensuring a comprehensive and coordinated Union approach to countering migrant smuggling. With a view to strengthening Member States’ capacities, Member States should designate specialised services for countering migrant smuggling, ensuring that they are adequately resourced to prevent and combat migrant smuggling and can share information on criminal investigations with Europol efficiently and effectively. In order to harmonise the sharing of information between the Member States and Europol on migrant smuggling, Member States should ensure that their designated services for countering migrant smuggling are directly connected to SIENA to facilitate the sharing of information. This is in line with Directive (EU) 2023/977 of the European Parliament and of the Council of 10 May 2023 on the exchange of information between the law enforcement authorities of Member States and repealing Council Framework Decision 2006/960/JHA. Member States’ immigration liaison officers posted in third countries should also share information with Europol; for this purpose, they should also be connected to SIENA in order to ensure that they can carry out the sharing of information referred to in paragraph 1 in an efficient and effective manner.(13) Active engagement of the Member States and sharing of information with Europol is key to ensuring a comprehensive and coordinated Union approach to countering migrant smuggling.

Or. en

Justification

For alignment with the deletion of Article 7.

Amendment 112

Matthieu Valet, Fabrice Leggeri, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Recital 13

Text proposed by the CommissionAmendment
(13) Active engagement of the Member States and sharing of information with Europol is key to ensuring a comprehensive and coordinated Union approach to countering migrant smuggling. With a view to strengthening Member States’ capacities, Member States should designate specialised services for countering migrant smuggling, ensuring that they are adequately resourced to prevent and combat migrant smuggling and can share information on criminal investigations with Europol efficiently and effectively. In order to harmonise the sharing of information between the Member States and Europol on migrant smuggling, Member States should ensure that their designated services for countering migrant smuggling are directly connected to SIENA to facilitate the sharing of information. This is in line with Directive (EU) 2023/977 of the European Parliament and of the Council of 10 May 2023 on the exchange of information between the law enforcement authorities of Member States and repealing Council Framework Decision 2006/960/JHA. Member States’ immigration liaison officers posted in third countries should also share information with Europol; for this purpose, they should also be connected to SIENA in order to ensure that they can carry out the sharing of information referred to in paragraph 1 in an efficient and effective manner.(13) Active engagement of the Member States and sharing of information with Europol is key to ensuring a comprehensive and coordinated Union approach to countering migrant smuggling. With a view to strengthening Member States’ capacities, Member States should designate, where appropriate from among existing structures, specialised services for countering migrant smuggling which can share information on criminal investigations with Europol efficiently and effectively. In order to harmonise the sharing of information between the Member States and Europol on migrant smuggling, Member States should ensure that their designated services for countering migrant smuggling are directly connected to SIENA to facilitate the sharing of information. This is in line with Directive (EU) 2023/977 of the European Parliament and of the Council of 10 May 2023 on the exchange of information between the law enforcement authorities of Member States and repealing Council Framework Decision 2006/960/JHA. Member States’ immigration liaison officers posted in third countries should also share information with Europol; for this purpose, they should also be connected to SIENA in order to ensure that they can carry out the sharing of information referred to in paragraph 1 in an efficient and effective manner.

Or. fr

Justification

It is clear that the creation of such services requires that the necessary resources be allocated, but it is preferable to leave some leeway to Member States, most of which are already experiencing serious difficulties in fulfilling pre-existing missions in this area.

Amendment 113

Saskia Bricmont

Proposal for a regulation

Recital 13

Text proposed by the CommissionAmendment
(13) Active engagement of the Member States and sharing of information with Europol is key to ensuring a comprehensive and coordinated Union approach to countering migrant smuggling. With a view to strengthening Member States’ capacities, Member States should designate specialised services for countering migrant smuggling, ensuring that they are adequately resourced to prevent and combat migrant smuggling and can share information on criminal investigations with Europol efficiently and effectively. In order to harmonise the sharing of information between the Member States and Europol on migrant smuggling, Member States should ensure that their designated services for countering migrant smuggling are directly connected to SIENA to facilitate the sharing of information. This is in line with Directive (EU) 2023/977 of the European Parliament and of the Council of 10 May 2023 on the exchange of information between the law enforcement authorities of Member States and repealing Council Framework Decision 2006/960/JHA. Member States’ immigration liaison officers posted in third countries should also share information with Europol; for this purpose, they should also be connected to SIENA in order to ensure that they can carry out the sharing of information referred to in paragraph 1 in an efficient and effective manner.(13) Active engagement of the Member States in sharing necessary and proportionate high-quality data and information with Europol is key to ensuring an effective law enforcement cooperation. With a view to strengthening the quality of cooperation and Member States’ capacities, Member States may designate specialised services in line with Directive (EU) 2023/977 of the European Parliament and of the Council of 10 May 2023 on the exchange of information between the law enforcement authorities of Member States and repealing Council Framework Decision 2006/960/JHA for countering criminal organisations and networks involved in migrant smuggling, ensuring that they are adequately resourced to prevent and combat criminal organisations and networks involved in migrant smuggling and can share necessary and proportionate high-quality data and information on criminal investigations with Europol efficiently and effectively. In order to harmonise such sharing of information between the Member States and Europol on criminal organisations and networks involved in migrant smuggling, Member States should ensure that their designated services for countering criminal organisations and networks involved in migrant smuggling are directly connected to SIENA to facilitate the sharing of necessary and proportionate high-quality data and information.

Or. en

Amendment 114

Nikola Minchev, Jan-Christoph Oetjen

Proposal for a regulation

Recital 13 a (new)

Text proposed by the CommissionAmendment
(13 a) Without prejudice to Member States' obligations under international and Union law, including the Charter of Fundamental Rights of the European Union, this Regulation shall not criminalise acts of humanitarian assistance undertaken for humanitarian purposes; the provision of food, shelter, legal aid, or medical support to individuals in need, where no financial gain or other material benefits are involved, shall not constitute facilitation of unauthorised entry, transit, or stay within the Union.

Or. en

Amendment 115

Nikola Minchev, Jan-Christoph Oetjen

Proposal for a regulation

Recital 13 b (new)

Text proposed by the CommissionAmendment
(13 b) Considering possible increased risks stemming from extensive processing of biometric data, mitigation mechanisms shall be put in place, including the adoption of clear binding rules providing for appropriate safeguards, especially with regard to the strict necessity and proportionality of the processing of such biometric data by Europol;

Or. en

Amendment 116

Saskia Bricmont

Proposal for a regulation

Recital 14

Text proposed by the CommissionAmendment
(14) In order to ensure efficient sharing of information related to migrant smuggling among Member States and with Europol, especially in case of large criminal networks involving numerous suspects, Member States should employ the most appropriate supporting tools provided by Europol such as dedicated data loaders. Conversely, and so as to access and make the best use of all information and intelligence available at Union level on the corresponding cases, and in full respect of the appropriate data protection safeguards, Member States and Union agencies should systematically consult Europol information in the course of ongoing investigations related to migrant smuggling, including by using the hit/no hit tools provided by Europol such as the Querying Europol Systems (QUEST+) technical system interface.deleted

Or. en

Amendment 117

Ilaria Salis

Proposal for a regulation

Recital 14

Text proposed by the CommissionAmendment
(14) In order to ensure efficient sharing of information related to migrant smuggling among Member States and with Europol, especially in case of large criminal networks involving numerous suspects, Member States should employ the most appropriate supporting tools provided by Europol such as dedicated data loaders. Conversely, and so as to access and make the best use of all information and intelligence available at Union level on the corresponding cases, and in full respect of the appropriate data protection safeguards, Member States and Union agencies should systematically consult Europol information in the course of ongoing investigations related to migrant smuggling, including by using the hit/no hit tools provided by Europol such as the Querying Europol Systems (QUEST+) technical system interface.deleted

Or. en

Amendment 118

Jeroen Lenaers

Proposal for a regulation

Recital 14 a (new)

Text proposed by the CommissionAmendment
(14 a) Effective and efficient exchange, comparison and analysis of biometric data will enhance the detection of identity fraud and the preventing and combating of crime. Therefore, it should be ensured that the processing of biometric data is more clearly included as part of Europol's tasks in supporting the Member States. Particular attention should be given to the establishment of appropriate quality standards applicable to the processing and storage of biometric data. These quality standards should be consistent with the relevant minimum quality standards set out under EU law on comparable processing of such data to ensure an equivalent quality level, including notably the minimum quality standards established by the Commission pursuant to Articles 8, 13 and 22 of Regulation (EU) 2024/982.1a
_________________
1a Regulation (EU) 2024/982 of the European Parliament and of the Council of 13 March 2024 on the automated search and exchange of data for police cooperation, and amending Council Decisions 2008/615/JHA and 2008/616/JHA and Regulations (EU) 2018/1726, (EU) No 2019/817 and (EU) 2019/818 of the European Parliament and of the Council (the Prüm II Regulation).

Or. en

Amendment 119

Ilaria Salis

Proposal for a regulation

Recital 15

Text proposed by the CommissionAmendment
(15) To prevent, detect and investigate cross-border serious organised crime and terrorism, coordination and concerted action is necessary. In addition to the possibility of the Member State to set up a joint investigation team in accordance with Council Framework Decision of 13 June 2002, Member States should be able to set up an operational task force to reinforce law enforcement cooperation with the support of Europol. This coordination mechanism among Member States’ police authorities and other law enforcement services should, with the support of Europol, enable them to conduct joint, coordinated and prioritised criminal intelligence activities and investigations notably on criminal networks and groups as well as individual criminal actors, including persons whose criminal activities fall within the forms of crime for which Europol is competent and who constitute a high risk for security. In order to ensure the well-functioning and the effectiveness of that mechanism, Member States setting up, participating in, or supporting an operational task force should be able to ensure a minimum set of requirements concerning their active and timely involvement, such as providing all relevant information to Europol, and Europol should be able to make available its advanced analytical, operational, technical, forensic and financial support to those Member States. Third countries should be able to participate in or support an operational task force.deleted

Or. en

Amendment 120

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Recital 15

Text proposed by the CommissionAmendment
(15) To prevent, detect and investigate cross-border serious organised crime and terrorism, coordination and concerted action is necessary. In addition to the possibility of the Member State to set up a joint investigation team in accordance with Council Framework Decision of 13 June 2002, Member States should be able to set up an operational task force to reinforce law enforcement cooperation with the support of Europol. This coordination mechanism among Member States’ police authorities and other law enforcement services should, with the support of Europol, enable them to conduct joint, coordinated and prioritised criminal intelligence activities and investigations notably on criminal networks and groups as well as individual criminal actors, including persons whose criminal activities fall within the forms of crime for which Europol is competent and who constitute a high risk for security. In order to ensure the well-functioning and the effectiveness of that mechanism, Member States setting up, participating in, or supporting an operational task force should be able to ensure a minimum set of requirements concerning their active and timely involvement, such as providing all relevant information to Europol, and Europol should be able to make available its advanced analytical, operational, technical, forensic and financial support to those Member States. Third countries should be able to participate in or support an operational task force.(15) To prevent, detect and investigate cross-border serious organised crime and terrorism, coordination and concerted action is necessary. It is therefore appropriate to promote the possibility for Member States to set up joint investigation teams in accordance with the Council Framework Decision of 13 June 2002, in particular by bolstering the support that Europol can provide.

Or. fr

Justification

It would appear preferable to strengthen existing tools rather than to create new ones.

Amendment 121

Sebastian Tynkkynen

Proposal for a regulation

Recital 15

Text proposed by the CommissionAmendment
(15) To prevent, detect and investigate cross-border serious organised crime and terrorism, coordination and concerted action is necessary. In addition to the possibility of the Member State to set up a joint investigation team in accordance with Council Framework Decision of 13 June 2002, Member States should be able to set up an operational task force to reinforce law enforcement cooperation with the support of Europol. This coordination mechanism among Member States’ police authorities and other law enforcement services should, with the support of Europol, enable them to conduct joint, coordinated and prioritised criminal intelligence activities and investigations notably on criminal networks and groups as well as individual criminal actors, including persons whose criminal activities fall within the forms of crime for which Europol is competent and who constitute a high risk for security. In order to ensure the well-functioning and the effectiveness of that mechanism, Member States setting up, participating in, or supporting an operational task force should be able to ensure a minimum set of requirements concerning their active and timely involvement, such as providing all relevant information to Europol, and Europol should be able to make available its advanced analytical, operational, technical, forensic and financial support to those Member States. Third countries should be able to participate in or support an operational task force.(15) To prevent, detect and investigate cross-border serious organised crime and terrorism, coordination and concerted action is necessary. In addition to the possibility of the Member State to set up a joint investigation team in accordance with Council Framework Decision of 13 June 2002, Member States should be able to set up an operational task force to reinforce law enforcement cooperation with the support of Europol. The activities of the operational task forces should not be regulated in detail in this Regulation; rather, they should be considered as flexible instruments at the disposal of Europol.

Or. fi

Amendment 122

Verena Mertens

Proposal for a regulation

Recital 15

Text proposed by the CommissionAmendment
(15) To prevent, detect and investigate cross-border serious organised crime and terrorism, coordination and concerted action is necessary. In addition to the possibility of the Member State to set up a joint investigation team in accordance with Council Framework Decision of 13 June 2002, Member States should be able to set up an operational task force to reinforce law enforcement cooperation with the support of Europol. This coordination mechanism among Member States’ police authorities and other law enforcement services should, with the support of Europol, enable them to conduct joint, coordinated and prioritised criminal intelligence activities and investigations notably on criminal networks and groups as well as individual criminal actors, including persons whose criminal activities fall within the forms of crime for which Europol is competent and who constitute a high risk for security. In order to ensure the well-functioning and the effectiveness of that mechanism, Member States setting up, participating in, or supporting an operational task force should be able to ensure a minimum set of requirements concerning their active and timely involvement, such as providing all relevant information to Europol, and Europol should be able to make available its advanced analytical, operational, technical, forensic and financial support to those Member States. Third countries should be able to participate in or support an operational task force.(15) To prevent, detect and investigate cross-border serious organised crime and terrorism, coordination and concerted action is necessary. In addition to the possibility of the Member State to set up a joint investigation team in accordance with Council Framework Decision of 13 June 2002, Member States should be able to set up an operational task force to reinforce law enforcement cooperation with the support of Europol. This coordination mechanism among Member States’ police authorities and other law enforcement services should, with the support of Europol, enable them to conduct joint, coordinated and prioritised criminal intelligence activities and investigations notably on criminal networks and groups as well as individual criminal actors, including persons whose criminal activities fall within the forms of crime for which Europol is competent and who constitute a high risk for security. It is important to ensure that the operational task force is a flexible and effective operational mechanism. Therefore, the detailed rules concerning their implementation should be adopted by the Management Board, based upon a proposal from the Executive Director. Those operational task forces shall initiate certain dedicated criminal intelligence activities and investigations, also parallel financial investigations, in accordance with national and Union law, to identify and seize criminal assets. In order to ensure the well-functioning and the effectiveness of that mechanism, Member States setting up, participating in, or supporting an operational task force should be able to ensure a minimum set of requirements concerning their active and timely involvement, such as providing all relevant information to Europol and other participating Member States. Europol should make available its advanced analytical, operational, technical, forensic and financial support to those Member States. Third countries should be able to participate in or support an operational task force.

Or. en

Amendment 123

Saskia Bricmont

Proposal for a regulation

Recital 15

Text proposed by the CommissionAmendment
(15) To prevent, detect and investigate cross-border serious organised crime and terrorism, coordination and concerted action is necessary. In addition to the possibility of the Member State to set up a joint investigation team in accordance with Council Framework Decision of 13 June 2002, Member States should be able to set up an operational task force to reinforce law enforcement cooperation with the support of Europol. This coordination mechanism among Member States’ police authorities and other law enforcement services should, with the support of Europol, enable them to conduct joint, coordinated and prioritised criminal intelligence activities and investigations notably on criminal networks and groups as well as individual criminal actors, including persons whose criminal activities fall within the forms of crime for which Europol is competent and who constitute a high risk for security. In order to ensure the well-functioning and the effectiveness of that mechanism, Member States setting up, participating in, or supporting an operational task force should be able to ensure a minimum set of requirements concerning their active and timely involvement, such as providing all relevant information to Europol, and Europol should be able to make available its advanced analytical, operational, technical, forensic and financial support to those Member States. Third countries should be able to participate in or support an operational task force.(15) To prevent, detect and investigate cross-border serious organised crime and terrorism, coordination and concerted action is necessary. In addition to the possibility of the Member State to set upa joint investigation team , Member States should be able to set up a temporary operational task force with the support of Europol and Eurojust for criminal investigations falling within the scope of Europol’s objectives in line with Article 3 of Regulation (EU) 2016/794 that requires coordinated and concerted action. This temporary coordination mechanism among Member States’ police and judicial authorities should, with the support of Europol and Eurojust, enable them to conduct joint, coordinated and prioritised criminal investigations notably on criminal networks and groups as well as individual criminal actors, whose criminal activities fall within the forms of crime for which Europol is competent and who constitute a high risk for security. In order to ensure the well-functioning and the effectiveness of that mechanism, Member States setting up, participating in, or supporting an operational task force should be able to ensure a minimum set of requirements concerning their active and timely involvement, such as providing all relevant necessary, proportionate high-quality information to Europol, as well as to Eurojust as soon as judicial authorities are involved, and Europol should be able to make available its advanced analytical, operational, technical, forensic and financial support to those Member States. Europol’s liaison officers deployed in third countries where criminal activities falling within the scope of Europol’s objectives in line with Article 3 of Regulation (EU) 2016/794 may be able to participate in or support an operational task force.

Or. en

Amendment 124

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Recital 15

Text proposed by the CommissionAmendment
(15) To prevent, detect and investigate cross-border serious organised crime and terrorism, coordination and concerted action is necessary. In addition to the possibility of the Member State to set up a joint investigation team in accordance with Council Framework Decision of 13 June 2002, Member States should be able to set up an operational task force to reinforce law enforcement cooperation with the support of Europol. This coordination mechanism among Member States’ police authorities and other law enforcement services should, with the support of Europol, enable them to conduct joint, coordinated and prioritised criminal intelligence activities and investigations notably on criminal networks and groups as well as individual criminal actors, including persons whose criminal activities fall within the forms of crime for which Europol is competent and who constitute a high risk for security. In order to ensure the well-functioning and the effectiveness of that mechanism, Member States setting up, participating in, or supporting an operational task force should be able to ensure a minimum set of requirements concerning their active and timely involvement, such as providing all relevant information to Europol, and Europol should be able to make available its advanced analytical, operational, technical, forensic and financial support to those Member States. Third countries should be able to participate in or support an operational task force.(15) To prevent, detect and investigate migrant smuggling and trafficking in human beings, coordination and concerted action is necessary. In addition to the possibility of the Member State to set up a joint investigation team in accordance with Council Framework Decision of 13 June 2002, Member States should be able to set up an operational task force to reinforce law enforcement cooperation with the support of Europol aimed at preventing, detecting and investigating migrant smuggling and trafficking in human beings. This coordination mechanism among Member States’ police authorities and other law enforcement services should, with the support of Europol, enable them to conduct joint, coordinated and prioritised criminal intelligence activities and investigations notably on criminal networks and groups, involved in migrant smuggling and trafficking in human beings. In order to ensure the well-functioning and the effectiveness of that mechanism, Member States setting up, participating in, or supporting an operational task force should be able to ensure a minimum set of requirements concerning their active and timely involvement, such as providing all relevant information to Europol, and Europol should be able to make available its advanced analytical, operational, technical, forensic and financial support to those Member States. Third countries should be able to participate in or support an operational task force.

Or. en

Justification

The focus of the proposal must be on criminal networks involved in smuggling people for profit. The use of Member State, Europol and other EU agencies’ resources to prosecute individual irregular migrants under the guise of smuggling is a waste of resources and does nothing to tackle the criminal networks.

Amendment 125

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Recital 16

Text proposed by the CommissionAmendment
(16) Where the criminal intelligence activities carried out in an operational task force result in the opening of criminal investigations in one or more Member States that may benefit from setting up a joint investigation team, or where the criminal investigations supported by an operational task force may benefit from setting up a joint investigation team, Europol should propose the setting up of a joint investigation team to the Member States concerned and take measures to assist them in accordance with Article 5 of Regulation (EU) 2016/794. In such cases, Europol should closely liaise with Eurojust, where appropriate.deleted

Or. fr

Amendment 126

Ilaria Salis

Proposal for a regulation

Recital 16

Text proposed by the CommissionAmendment
(16) Where the criminal intelligence activities carried out in an operational task force result in the opening of criminal investigations in one or more Member States that may benefit from setting up a joint investigation team, or where the criminal investigations supported by an operational task force may benefit from setting up a joint investigation team, Europol should propose the setting up of a joint investigation team to the Member States concerned and take measures to assist them in accordance with Article 5 of Regulation (EU) 2016/794. In such cases, Europol should closely liaise with Eurojust, where appropriate.deleted

Or. en

Amendment 127

Saskia Bricmont

Proposal for a regulation

Recital 16

Text proposed by the CommissionAmendment
(16) Where the criminal intelligence activities carried out in an operational task force result in the opening of criminal investigations in one or more Member States that may benefit from setting up a joint investigation team, or where the criminal investigations supported by an operational task force may benefit from setting up a joint investigation team, Europol should propose the setting up of a joint investigation team to the Member States concerned and take measures to assist them in accordance with Article 5 of Regulation (EU) 2016/794. In such cases, Europol should closely liaise with Eurojust, where appropriate.(16) Where the criminal investigations supported by an operational task force may benefit from setting up a joint investigation team, Europol should propose the setting up of a joint investigation team to the Member States concerned and take measures to assist them in accordance with Article 5 of Regulation (EU) 2016/794. In such cases, Europol should closely liaise with Eurojust, where appropriate.

Or. en

Amendment 128

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz, Ana Catarina Mendes

Proposal for a regulation

Recital 16

Text proposed by the CommissionAmendment
(16) Where the criminal intelligence activities carried out in an operational task force result in the opening of criminal investigations in one or more Member States that may benefit from setting up a joint investigation team, or where the criminal investigations supported by an operational task force may benefit from setting up a joint investigation team, Europol should propose the setting up of a joint investigation team to the Member States concerned and take measures to assist them in accordance with Article 5 of Regulation (EU) 2016/794. In such cases, Europol should closely liaise with Eurojust, where appropriate.(16) Where the criminal intelligence activities carried out in an operational task force for preventing, detecting or investigating migrant smuggling and trafficking in human beings result in the opening of criminal investigations in one or more Member States that may benefit from setting up a joint investigation team, or where the criminal investigations supported by an operational task force may benefit from setting up a joint investigation team, Europol should propose the setting up of a joint investigation team to the Member States concerned and take measures to assist them in accordance with Article 5 of Regulation (EU) 2016/794. In such cases, Europol should closely liaise with Eurojust, where appropriate.

Or. en

Amendment 129

Saskia Bricmont

Proposal for a regulation

Recital 16 a (new)

Text proposed by the CommissionAmendment
(16 a) Taking into account the nature, scope, context and purposes of personal data processing by Europol as well as the risks for the rights and freedoms of natural persons, Europol should implement appropriate measures to ensure and be able to demonstrate that processing is performed in accordance with this Regulation. Such measures should be reviewed and updated where necessary.

Or. en

Amendment 130

Saskia Bricmont

Proposal for a regulation

Recital 16 b (new)

Text proposed by the CommissionAmendment
(16 b) As biometric data constitutes a special category of personal data, the processing of biometric data poses a serious risk to the rights to privacy and protection of personal data, as well as to other fundamental rights, since the use of technologies enabling such processing does not enable the awareness or co-operation of the individuals whose biometric data are processed. The risk of biased results and discriminatory effects is particularly relevant with regard to specific categories, such as sex, age, hair colour, eye colour, tattoos, ethnic origin, health, mental ability, personality traits or sexual or political orientation, on the basis of their biometric or biometrics-based data, whether or not allowing or confirming identification of a natural person. Under the EU data protection framework, the prohibition of biometric data processing is a rule and its implementation is only allowed as a way of exception.

Or. en

Amendment 131

Saskia Bricmont

Proposal for a regulation

Recital 16 c (new)

Text proposed by the CommissionAmendment
(16 c) Given the nature and risks posed, biometric data are subject to special protection. This specifically applies to biometric data processed for the purpose of identifying a person. With regard to the processing of special categories of personal data for law enforcement purposes, the Court of Justice of the EU confirmed that the requirement that the processing of biometric data should be allowed ‘only where strictly necessary’ must be interpreted as establishing strengthened conditions for lawful processing of sensitive data. Moreover, the fact that the necessity for processing of such data is an ‘absolute’ one signifies that necessity is to be assessed with particular rigour. Furthermore, according to the Court, the requirement that processing of sensitive data be ‘strictly necessary’ entails particularly strict checking, as to whether the principle of data minimisation is observed1a. Therefore, any processing of biometric data for the purpose of law enforcement should comply with the fundamental rights and freedoms as enshrined in the Charter and with all requirements resulting from the EU data protection framework and case law, including Article 10 of Directive (EU) 2016/680 that allows such processing only where strictly necessary, subject to appropriate safeguards for the rights and freedoms of the data subject, and where authorised by Union or Member State law. Such use, when authorised, also needs to respect the principles laid down in Article 4(1) of Directive (EU) 2016/6802a including lawfulness, fairness and transparency, purpose limitation, accuracy and storage limitation. For purposes other than law enforcement, Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 prohibit the processing of biometric data subject to limited exceptions as provided in those Articles. Given the wide mandate of Europol combined with the very sensitive data processed, close scrutiny and appropriate safeguards should be implemented.
_________________
1a https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:62023CJ0080
2a Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA

Or. en

Amendment 132

Saskia Bricmont

Proposal for a regulation

Recital 16 d (new)

Text proposed by the CommissionAmendment
(16 d) Given the limitation on the fundamental rights to privacy and personal data protection that the processing of biometric data constitutes, like any interference with a fundamental right, any biometric data processing should also comply with the criteria set out in Article 52(1) of the Charter of Fundamental Rights of the European Union. In addition to being provided for by law, any limitation should respect the essence of the right, be subject to the principle of strict necessity and proportionality and protect the rights and freedoms of others. In this regard, the DPO and the FRO, with the involvement of the EDPS, should be entrusted with the development and maintenance of a ethical framework and mechanism to establish the procedure and standards for carrying out systematic strict necessity tests, data quality controls and ex-ante fundamental rights impact assessments, in order to guarantee the appropriate safeguards in the processing of biometric data. Such ethical framework and mechanism should include minimum standards and thresholds for, inter alia, data quality and quality checks. The Commission should be empowered to endorse such ethical framework and mechanism by means of delegated acts pursuant to Article 290 TFEU in order to give them binding legal effect.

Or. en

Amendment 133

Ilaria Salis

Proposal for a regulation

Recital 17

Text proposed by the CommissionAmendment
(17) Europol should be able to deploy staff including seconded national experts in accordance with Regulation (EU) 2016/794 in the territory of a Member State upon request of that Member State, to provide analytical, operational, technical and forensic support in liaison and in agreement with the competent authorities of that Member State. These deployments should notably take place in the context of complex, large-scale and high-profile investigations, including in the context of joint investigation teams, in liaison with Eurojust where appropriate, or operational task forces. These deployments should also support further security checks against Europol or national databases in order to facilitate rapid information exchange to strengthen controls at the Union’s external borders (secondary security checks), or migration management support teams in accordance with Regulation (EU) 2019/1896 of the European Parliament and of the Council2 . Europol should also make use of these deployments to support Member States in relation to major international events. Europol should also be able to deploy staff and seconded national experts in third countries with which it cooperates on the basis of an adequacy decision, an international agreement concluded between the Union and that third country pursuant to Article 218 TFEU, or a cooperation agreement between Europol and that third country concluded before 1 May 2017.(17) Europol should be able to deploy staff including seconded national experts in accordance with Regulation (EU) 2016/794 in the territory of a Member State upon request of that Member State, to provide operational and technical support in liaison and in agreement with the competent authorities of that Member State. These deployments should notably take place in the context of complex, large-scale and high-profile investigations, including in the context of joint investigation teams, in liaison with Eurojust where appropriate, or operational task forces.
_________________
2 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/1896/oj).

Or. en

Amendment 134

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Recital 17

Text proposed by the CommissionAmendment
(17) Europol should be able to deploy staff including seconded national experts in accordance with Regulation (EU) 2016/794 in the territory of a Member State upon request of that Member State, to provide analytical, operational, technical and forensic support in liaison and in agreement with the competent authorities of that Member State. These deployments should notably take place in the context of complex, large-scale and high-profile investigations, including in the context of joint investigation teams, in liaison with Eurojust where appropriate, or operational task forces. These deployments should also support further security checks against Europol or national databases in order to facilitate rapid information exchange to strengthen controls at the Union’s external borders (secondary security checks), or migration management support teams in accordance with Regulation (EU) 2019/1896 of the European Parliament and of the Council2 . Europol should also make use of these deployments to support Member States in relation to major international events. Europol should also be able to deploy staff and seconded national experts in third countries with which it cooperates on the basis of an adequacy decision, an international agreement concluded between the Union and that third country pursuant to Article 218 TFEU, or a cooperation agreement between Europol and that third country concluded before 1 May 2017.(17) Europol should be able to deploy staff including seconded national experts in accordance with Regulation (EU) 2016/794 in the territory of a Member State upon request of that Member State, to provide analytical, operational, technical and forensic support in liaison and in agreement with the competent authorities of that Member State. These deployments should notably take place in the context of complex, large-scale and high-profile investigations to counter migrant smuggling and trafficking in human beings, including in the context of joint investigation teams, in liaison with Eurojust where appropriate, or operational task forces
_________________
2 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/1896/oj).

Or. en

Justification

It is not part of Europol’s mandate to strenghten controls at external borders.This amendment to the Europol Regulation is meant to address the prevention, detection and investigation of migrant smuggling and trafficking in human beings. It is not a fundamental overhaul of the Europol Regulation. Regulating the deployment of operational staff in third countries is beyond the scope of this Regulation.

Amendment 135

Saskia Bricmont

Proposal for a regulation

Recital 17

Text proposed by the CommissionAmendment
(17) Europol should be able to deploy staff including seconded national experts in accordance with Regulation (EU) 2016/794 in the territory of a Member State upon request of that Member State, to provide analytical, operational, technical and forensic support in liaison and in agreement with the competent authorities of that Member State. These deployments should notably take place in the context of complex, large-scale and high-profile investigations, including in the context of joint investigation teams, in liaison with Eurojust where appropriate, or operational task forces. These deployments should also support further security checks against Europol or national databases in order to facilitate rapid information exchange to strengthen controls at the Union’s external borders (secondary security checks), or migration management support teams in accordance with Regulation (EU) 2019/1896 of the European Parliament and of the Council2 . Europol should also make use of these deployments to support Member States in relation to major international events. Europol should also be able to deploy staff and seconded national experts in third countries with which it cooperates on the basis of an adequacy decision, an international agreement concluded between the Union and that third country pursuant to Article 218 TFEU, or a cooperation agreement between Europol and that third country concluded before 1 May 2017.(17) Europol may deploy for a limited period of time staff including seconded national experts in accordance with Regulation (EU) 2016/794 in the territory of a Member State upon request of that Member State, to provide analytical, operational, technical and forensic support to prevent and combat crimes falling within Europol’s objectives in accordance with Article 3 of Regulation (EU) 2016/794 in liaison and in agreement with the competent authorities of that Member State. These deployments should only take place in the context of complex, large-scale and high-profile investigations, including in the context of joint investigation teams, and in liaison with Eurojust. In cases of misconduct of Europol’s staff during deployments, national reporting and monitoring mechanisms should also apply.
_________________
2 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/1896/oj).

Or. en

Amendment 136

Matthieu Valet, Fabrice Leggeri, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Recital 17

Text proposed by the CommissionAmendment
(17) Europol should be able to deploy staff including seconded national experts in accordance with Regulation (EU) 2016/794 in the territory of a Member State upon request of that Member State, to provide analytical, operational, technical and forensic support in liaison and in agreement with the competent authorities of that Member State. These deployments should notably take place in the context of complex, large-scale and high-profile investigations, including in the context of joint investigation teams, in liaison with Eurojust where appropriate, or operational task forces. These deployments should also support further security checks against Europol or national databases in order to facilitate rapid information exchange to strengthen controls at the Union’s external borders (secondary security checks), or migration management support teams in accordance with Regulation (EU) 2019/1896 of the European Parliament and of the Council2. Europol should also make use of these deployments to support Member States in relation to major international events. Europol should also be able to deploy staff and seconded national experts in third countries with which it cooperates on the basis of an adequacy decision, an international agreement concluded between the Union and that third country pursuant to Article 218 TFEU, or a cooperation agreement between Europol and that third country concluded before 1 May 2017.(17) Europol should be able to deploy staff including seconded national experts in accordance with Regulation (EU) 2016/794 in the territory of a Member State upon request of that Member State, to provide analytical, operational, technical and forensic support in liaison and in agreement with the competent authorities of that Member State. These deployments should notably take place in the context of complex, large-scale and high-profile investigations, including in the context of joint investigation teams, in liaison with Eurojust where appropriate. These deployments should also support further security checks against Europol or national databases in order to facilitate rapid information exchange to strengthen controls at the Union’s external borders (secondary security checks), or migration management support teams in accordance with Regulation (EU) 2019/1896 of the European Parliament and of the Council2 . Europol should also be able to deploy staff and seconded national experts in third countries with which it cooperates on the basis of an adequacy decision, an international agreement concluded between the Union and that third country pursuant to Article 218 TFEU, or a cooperation agreement between Europol and that third country concluded before 1 May 2017.
__________________________________
2 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/1896/oj).2 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/1896/oj).

Or. fr

Amendment 137

Maciej Wąsik, Mariusz Kamiński

Proposal for a regulation

Recital 17

Text proposed by the CommissionAmendment
(17) Europol should be able to deploy staff including seconded national experts in accordance with Regulation (EU) 2016/794 in the territory of a Member State upon request of that Member State, to provide analytical, operational, technical and forensic support in liaison and in agreement with the competent authorities of that Member State. These deployments should notably take place in the context of complex, large-scale and high-profile investigations, including in the context of joint investigation teams, in liaison with Eurojust where appropriate, or operational task forces. These deployments should also support further security checks against Europol or national databases in order to facilitate rapid information exchange to strengthen controls at the Union’s external borders (secondary security checks), or migration management support teams in accordance with Regulation (EU) 2019/1896 of the European Parliament and of the Council2. Europol should also make use of these deployments to support Member States in relation to major international events. Europol should also be able to deploy staff and seconded national experts in third countries with which it cooperates on the basis of an adequacy decision, an international agreement concluded between the Union and that third country pursuant to Article 218 TFEU, or a cooperation agreement between Europol and that third country concluded before 1 May 2017.(17) Europol should be able to deploy staff including seconded national experts in accordance with Regulation (EU) 2016/794 in the territory of a Member State upon request of that Member State, to provide analytical, operational, technical and forensic support in liaison and in agreement with the competent authorities of that Member State. These deployments should notably take place in the context of complex, large-scale and high-profile investigations, including in the context of joint investigation teams, in liaison with Eurojust where appropriate, or operational task forces. These deployments should also support further security checks against Europol or national databases in order to facilitate rapid information exchange to strengthen controls at the Union’s external borders (secondary security checks). Europol should also make use of these deployments to support Member States in relation to major international events. Europol should also be able to deploy staff and seconded national experts in third countries with which it cooperates on the basis of an adequacy decision, an international agreement concluded between the Union and that third country pursuant to Article 218 TFEU, or a cooperation agreement between Europol and that third country concluded before 1 May 2017.
_________________
2 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/1896/oj).

Or. pl

Amendment 138

Saskia Bricmont

Proposal for a regulation

Recital 18

Text proposed by the CommissionAmendment
(18) In order to ensure that Europol can provide effective support by way of deployment, the host Member State should be able to ensure a minimum set of requirements such as providing all relevant information to Europol. Europol should be able to deploy staff and seconded national experts rapidly, even in exceptional cases of urgency. The deployed Europol staff and seconded national experts should be able to carry out investigative non-coercive measures that relate to data processing in liaison and in agreement with the competent authorities of the Member State concerned, and in accordance with Regulation (EU) 2016/794 and that Member State’s national law.(18) In order to ensure that Europol can provide effective support by way of deployment, the host Member State should be able to provide all relevant, necessary, proportionate high-quality information to Europol.

Or. en

Amendment 139

Ilaria Salis

Proposal for a regulation

Recital 18

Text proposed by the CommissionAmendment
(18) In order to ensure that Europol can provide effective support by way of deployment, the host Member State should be able to ensure a minimum set of requirements such as providing all relevant information to Europol. Europol should be able to deploy staff and seconded national experts rapidly, even in exceptional cases of urgency. The deployed Europol staff and seconded national experts should be able to carry out investigative non-coercive measures that relate to data processing in liaison and in agreement with the competent authorities of the Member State concerned, and in accordance with Regulation (EU) 2016/794 and that Member State’s national law.(18) In order to ensure that Europol can provide effective support by way of deployment, the host Member State should be able to ensure a minimum set of requirements such as providing all relevant information to Europol. Europol should be able to deploy staff and seconded national experts rapidly, even in exceptional cases of urgency.

Or. en

Amendment 140

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Recital 18

Text proposed by the CommissionAmendment
(18) In order to ensure that Europol can provide effective support by way of deployment, the host Member State should be able to ensure a minimum set of requirements such as providing all relevant information to Europol. Europol should be able to deploy staff and seconded national experts rapidly, even in exceptional cases of urgency. The deployed Europol staff and seconded national experts should be able to carry out investigative non-coercive measures that relate to data processing in liaison and in agreement with the competent authorities of the Member State concerned, and in accordance with Regulation (EU) 2016/794 and that Member State’s national law.(18) In order to ensure that Europol can provide effective support by way of deployment, the host Member State should be able to ensure a minimum set of requirements such as providing all relevant information to Europol. Europol should be able to deploy staff and seconded national experts rapidly, even in exceptional cases of urgency.

Or. en

Justification

For consistency with amendments tabled to Article 9 of this Regulation (Article 4 of the Europol Regulation).

Amendment 141

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Recital 19

Text proposed by the CommissionAmendment
(19) Furthermore, in the context of Europol deployments for operational support, Europol should set up a reserve pool of Member States’ highly qualified law enforcement experts with specialised profiles that can be placed at the immediate disposal of Europol for operational deployment to provide specialised support. The experts’ reserve pool should include specialists in criminal analysis, forensics, investigation, languages and coordination. The Member States should ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support, at the request of Europol. That obligation should not apply to third countries where Europol deploys staff and seconded national experts for operational support.(19) Furthermore, in the context of Europol deployments for operational support, Europol should set up a reserve pool of Member States’ highly qualified law enforcement experts with specialised profiles that can be placed at the immediate disposal of Europol for operational deployment to provide specialised support in efforts to counter migrant smuggling and trafficking in human beings.

Or. en

Justification

For consistency with amendments made to Article 5b(6).

Amendment 142

Maciej Wąsik, Mariusz Kamiński

Proposal for a regulation

Recital 19

Text proposed by the CommissionAmendment
(19) Furthermore, in the context of Europol deployments for operational support, Europol should set up a reserve pool of Member States’ highly qualified law enforcement experts with specialised profiles that can be placed at the immediate disposal of Europol for operational deployment to provide specialised support. The experts’ reserve pool should include specialists in criminal analysis, forensics, investigation, languages and coordination. The Member States should ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support, at the request of Europol. That obligation should not apply to third countries where Europol deploys staff and seconded national experts for operational support.(19) Furthermore, in the context of Europol deployments for operational support, Europol should set up a reserve pool of Member States’ highly qualified law enforcement experts with specialised profiles that can be placed at the immediate disposal of Europol for operational deployment to provide specialised support. The experts’ reserve pool should include specialists in criminal analysis, forensics, investigation, languages and coordination. The Member States should ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support, at the request of Europol. Europol should agree with the Member States on how to compensate for the costs of maintaining a reserve of highly skilled professionals. That obligation should not apply to third countries where Europol deploys staff and seconded national experts for operational support.

Or. pl

Amendment 143

Ilaria Salis

Proposal for a regulation

Recital 19

Text proposed by the CommissionAmendment
(19) Furthermore, in the context of Europol deployments for operational support, Europol should set up a reserve pool of Member States’ highly qualified law enforcement experts with specialised profiles that can be placed at the immediate disposal of Europol for operational deployment to provide specialised support. The experts’ reserve pool should include specialists in criminal analysis, forensics, investigation, languages and coordination. The Member States should ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support, at the request of Europol. That obligation should not apply to third countries where Europol deploys staff and seconded national experts for operational support.(19) Furthermore, in the context of Europol deployments for operational support, Europol should be able to set up a reserve pool of Member States’ highly qualified law enforcement experts with specialised profiles that can be placed at the disposal of Europol for operational deployment to provide specialised support. The experts’ reserve pool should include specialists in criminal analysis, forensics, investigation, languages and coordination. The participating Member States should ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support, at the request of Europol

Or. en

Amendment 144

Matthieu Valet, Fabrice Leggeri, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Recital 19

Text proposed by the CommissionAmendment
(19) Furthermore, in the context of Europol deployments for operational support, Europol should set up a reserve pool of Member States’ highly qualified law enforcement experts with specialised profiles that can be placed at the immediate disposal of Europol for operational deployment to provide specialised support. The experts’ reserve pool should include specialists in criminal analysis, forensics, investigation, languages and coordination. The Member States should ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support, at the request of Europol. That obligation should not apply to third countries where Europol deploys staff and seconded national experts for operational support.(19) Furthermore, in the context of Europol deployments for operational support, Europol should set up a reserve pool of Member States’ highly qualified law enforcement experts with specialised profiles that can be placed at the immediate disposal of Europol for operational deployment to provide specialised support. The experts’ reserve pool should include specialists in criminal analysis, forensics, investigation, languages and coordination. The Member States should ensure, to the extent of the means available to them and the domestic situation at the time, that their experts are available to take part, as seconded national experts, in Europol deployments for operational support, at the request of Europol. That obligation should not apply to third countries where Europol deploys staff and seconded national experts for operational support.

Or. fr

Amendment 145

Sophie Wilmès, Hilde Vautmans, Veronika Cifrová Ostrihoňová

Proposal for a regulation

Recital 19

Text proposed by the CommissionAmendment
(19) Furthermore, in the context of Europol deployments for operational support, Europol should set up a reserve pool of Member States’ highly qualified law enforcement experts with specialised profiles that can be placed at the immediate disposal of Europol for operational deployment to provide specialised support. The experts’ reserve pool should include specialists in criminal analysis, forensics, investigation, languages and coordination. The Member States should ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support, at the request of Europol. That obligation should not apply to third countries where Europol deploys staff and seconded national experts for operational support.(19) Furthermore, in the context of Europol deployments for operational support, Europol should set up a reserve pool of Member States’ highly qualified law enforcement experts with specialised profiles that can be placed at the immediate disposal of Europol for operational deployment to provide specialised support. The experts’ reserve pool should include specialists in criminal analysis, forensics, investigation, languages and coordination. The Member States should ensure - within the limits of their resources, capacities, and operational needs - that their experts are available to take part, as seconded national experts, in Europol deployments for operational support, at the request of Europol. That obligation should not apply to third countries where Europol deploys staff and seconded national experts for operational support.

Or. en

Amendment 146

Sebastian Tynkkynen

Proposal for a regulation

Recital 19

Text proposed by the CommissionAmendment
(19) Furthermore, in the context of Europol deployments for operational support, Europol should set up a reserve pool of Member States’ highly qualified law enforcement experts with specialised profiles that can be placed at the immediate disposal of Europol for operational deployment to provide specialised support. The experts’ reserve pool should include specialists in criminal analysis, forensics, investigation, languages and coordination. The Member States should ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support, at the request of Europol. That obligation should not apply to third countries where Europol deploys staff and seconded national experts for operational support.(19) Furthermore, in the context of Europol deployments for operational support, Europol should set up a reserve pool of Member States’ highly qualified law enforcement experts with specialised profiles that can be placed at the immediate disposal of Europol for operational deployment to provide specialised support. The experts’ reserve pool should include specialists in criminal analysis, forensics, investigation, languages and coordination. The Member States should ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support, at the request of Europol, while taking into account specific national needs. That obligation should not apply to third countries where Europol deploys staff and seconded national experts for operational support.

Or. fi

Amendment 147

Saskia Bricmont

Proposal for a regulation

Recital 19

Text proposed by the CommissionAmendment
(19) Furthermore, in the context of Europol deployments for operational support, Europol should set up a reserve pool of Member States’ highly qualified law enforcement experts with specialised profiles that can be placed at the immediate disposal of Europol for operational deployment to provide specialised support. The experts’ reserve pool should include specialists in criminal analysis, forensics, investigation, languages and coordination. The Member States should ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support, at the request of Europol. That obligation should not apply to third countries where Europol deploys staff and seconded national experts for operational support.(19) Furthermore, in the context of Europol temporary deployments for operational support, Europol may set up a reserve pool of Member States’ highly qualified law enforcement experts with specialised profiles that can be placed at the immediate disposal of Europol for operational deployment to provide specialised support. The experts’ reserve pool should include specialists in criminal analysis, forensics, investigation, languages and coordination. The Member States should ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support, at the request of Europol. That obligation should not apply to third countries.

Or. en

Amendment 148

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Recital 20

Text proposed by the CommissionAmendment
(20) The reinforcement of Europol’s legal framework provides an opportunity to clarify that Europol’s objectives should also expressly cover violations of Union restrictive measures. Union restrictive measures are an essential tool for safeguarding the Union’s values, security, independence and integrity, consolidating and supporting democracy, the rule of law, human rights and the principles of international law and maintaining international peace, preventing conflicts and strengthening international security in line with the aims and principles of the United Nations Charter. Violations of Union restrictive measures therefore constitute a form of crime which affects a common interest covered by Union policy, and in relation to which Europol should have competence to act in order to support and strengthen action by the Member States.deleted

Or. fr

Justification

Recital bears no relation to the subject-matter.

Amendment 149

Saskia Bricmont

Proposal for a regulation

Recital 20

Text proposed by the CommissionAmendment
(20) The reinforcement of Europol’s legal framework provides an opportunity to clarify that Europol’s objectives should also expressly cover violations of Union restrictive measures. Union restrictive measures are an essential tool for safeguarding the Union’s values, security, independence and integrity, consolidating and supporting democracy, the rule of law, human rights and the principles of international law and maintaining international peace, preventing conflicts and strengthening international security in line with the aims and principles of the United Nations Charter. Violations of Union restrictive measures therefore constitute a form of crime which affects a common interest covered by Union policy, and in relation to which Europol should have competence to act in order to support and strengthen action by the Member States.(20) Europol’s objectives should also expressly cover violations of Union restrictive measures in line with Directive (EU) 2024/1226. Union restrictive measures are an essential tool for safeguarding the Union’s values, security, independence and integrity, consolidating and supporting democracy, the rule of law, human rights and the principles of international law and maintaining international peace, preventing conflicts and strengthening international security in line with the aims and principles of the United Nations Charter. To ensure the effective investigation and prosecution of violations of Union restrictive measures, Member States’ competent authorities should cooperate with each other through and with Europol, Eurojust and the European Public Prosecutor’s Office, within their respective competences and in accordance with the applicable legal framework.

Or. en

Amendment 150

Ilaria Salis

Proposal for a regulation

Recital 25

Text proposed by the CommissionAmendment
(25) Since the objectives of this Regulation to reinforce the prevention, detection and investigation of migrant smuggling and trafficking in human beings cannot be sufficiently achieved by the Member States acting alone given the cross-border nature of these crimes, but can rather, by reason of the effects of cooperation and information sharing, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.(25) Since the objectives of this Regulation to reinforce the prevention, detection and investigation of exploitative forms of migrant smuggling and trafficking in human beings cannot be sufficiently achieved by the Member States acting alone given the cross-border nature of these crimes, but can rather, by reason of the effects of cooperation and information sharing, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

Or. en

Amendment 151

Georgiana Teodorescu, Alessandro Ciriani, Charlie Weimers, Assita Kanko, Jadwiga Wiśniewska

Proposal for a regulation

Recital 26 a (new)

Text proposed by the CommissionAmendment
(26 a) Whereas additional resources are of key importance to Europol, particularly in the view of the potential new responsibilities and tasks, whereas additional staff is needed to support the increased number of OTFs and other investigations on organised migrant smuggling and related crimes, considers essential to provide the recruitment of new 15 Temporary Agents, 15 Contract Agents and 20 Seconded National Experts;

Or. en

Amendment 152

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Chapter I

Text proposed by the CommissionAmendment
I This Regulation lays down rules to enhance police cooperation and the support of the European Union Agency for Law Enforcement Cooperation (Europol) in preventing and combating migrant smuggling and trafficking in human beings, by:deleted
Subject matter and scope
This Regulation lays down rules to enhance police cooperation and the support of the European Union Agency for Law Enforcement Cooperation (Europol) in preventing and combating migrant smuggling and trafficking in human beings, by:
(a) establishing a European Centre Against Migrant Smuggling within Europol and a governance framework to regulate and support its activities;
(b) enhancing cooperation and coordination between the Member States, Europol and other Union agencies;
(c) reinforcing the exchange of information between the Member States and with Europol;
(d) providing Europol with the necessary tools to support and strengthen actions by the competent authorities of the Member States and their mutual cooperation in preventing and combating criminal offences falling within Europol’s objectives;
(e) enhancing cooperation between Europol and third countries.
Definitions
For the purposes of this Regulation, the following definitions apply:
(1) ‘migrant smuggling’ means any of the activities referred to in Articles 3, 4 and 5 of Directive [XXX] [ laying down minimum rules to prevent and counter the facilitation of unauthorised entry, transit and stay in the Union, and replacing Council Directive 2002/90/EC and Council Framework Decision 2002/946 JHA]5;
(2) ‘trafficking in human beings’ means any of the activities referred to in Articles 2 and 3 of Directive 2011/36/EU of the European Parliament and of the Council6;
(3) ‘competent authorities’ means the competent authorities of the Member States defined in Article 2, point (a), of Regulation (EU) 2016/794;
(4) ‘immigration liaison officer’ means a liaison officer deployed in a third country by the competent authorities of a Member State, in accordance with its national law, to deal with immigration-related issues, including when those issues are only a part of the liaison officer’s duties.
_________________
5 [please add the title and the publication reference]
6 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1, ELI: http://data.europa.eu/eli/dir/2011/36/oj).

Or. fr

Amendment 153

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Chapter I

Text proposed by the CommissionAmendment
I GENERAL PROVISIONSdeleted
1 Subject matter and scope
This Regulation lays down rules to enhance police cooperation and the support of the European Union Agency for Law Enforcement Cooperation (Europol) in preventing and combating migrant smuggling and trafficking in human beings, by:
(a) establishing a European Centre Against Migrant Smuggling within Europol and a governance framework to regulate and support its activities;
(b) enhancing cooperation and coordination between the Member States, Europol and other Union agencies;
(c) reinforcing the exchange of information between the Member States and with Europol;
(d) providing Europol with the necessary tools to support and strengthen actions by the competent authorities of the Member States and their mutual cooperation in preventing and combating criminal offences falling within Europol’s objectives;
(e) enhancing cooperation between Europol and third countries.
2 Definitions
For the purposes of this Regulation, the following definitions apply:
(1) ‘migrant smuggling’ means any of the activities referred to in Articles 3, 4 and 5 of Directive [XXX] [ laying down minimum rules to prevent and counter the facilitation of unauthorised entry, transit and stay in the Union, and replacing Council Directive 2002/90/EC and Council Framework Decision 2002/946 JHA]5 ;
(2) ‘trafficking in human beings’ means any of the activities referred to in Articles 2 and 3 of Directive 2011/36/EU of the European Parliament and of the Council6 ;
(3) ‘competent authorities’ means the competent authorities of the Member States defined in Article 2, point (a), of Regulation (EU) 2016/794;
(4) ‘immigration liaison officer’ means a liaison officer deployed in a third country by the competent authorities of a Member State, in accordance with its national law, to deal with immigration-related issues, including when those issues are only a part of the liaison officer’s duties.
_________________
5 [please add the title and the publication reference]
6 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1, ELI: http://data.europa.eu/eli/dir/2011/36/oj).

Or. en

Amendment 154

Georgiana Teodorescu, Alessandro Ciriani, Charlie Weimers, Assita Kanko

Proposal for a regulation

Chapter I

Text proposed by the CommissionAmendment
I GENERAL PROVISIONSdeleted
1 Subject matter and scope
This Regulation lays down rules to enhance police cooperation and the support of the European Union Agency for Law Enforcement Cooperation (Europol) in preventing and combating migrant smuggling and trafficking in human beings, by:
(a) establishing a European Centre Against Migrant Smuggling within Europol and a governance framework to regulate and support its activities;
(b) enhancing cooperation and coordination between the Member States, Europol and other Union agencies;
(c) reinforcing the exchange of information between the Member States and with Europol;
(d) providing Europol with the necessary tools to support and strengthen actions by the competent authorities of the Member States and their mutual cooperation in preventing and combating criminal offences falling within Europol’s objectives;
(e) enhancing cooperation between Europol and third countries.
2 Definitions
For the purposes of this Regulation, the following definitions apply:
(1) ‘migrant smuggling’ means any of the activities referred to in Articles 3, 4 and 5 of Directive [XXX] [ laying down minimum rules to prevent and counter the facilitation of unauthorised entry, transit and stay in the Union, and replacing Council Directive 2002/90/EC and Council Framework Decision 2002/946 JHA]5 ;
(2) ‘trafficking in human beings’ means any of the activities referred to in Articles 2 and 3 of Directive 2011/36/EU of the European Parliament and of the Council6 ;
(3) ‘competent authorities’ means the competent authorities of the Member States defined in Article 2, point (a), of Regulation (EU) 2016/794;
(4) ‘immigration liaison officer’ means a liaison officer deployed in a third country by the competent authorities of a Member State, in accordance with its national law, to deal with immigration-related issues, including when those issues are only a part of the liaison officer’s duties.
_________________
5 [please add the title and the publication reference]
6 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1, ELI: http://data.europa.eu/eli/dir/2011/36/oj).

Or. en

Justification

Deletion of self-standing Regulation

Amendment 155

Saskia Bricmont

Proposal for a regulation

Article 1

Text proposed by the CommissionAmendment
Article 1deleted
Subject matter and scope
This Regulation lays down rules to enhance police cooperation and the support of the European Union Agency for Law Enforcement Cooperation (Europol) in preventing and combating migrant smuggling and trafficking in human beings, by:
(a) establishing a European Centre Against Migrant Smuggling within Europol and a governance framework to regulate and support its activities;
(b) enhancing cooperation and coordination between the Member States, Europol and other Union agencies;
(c) reinforcing the exchange of information between the Member States and with Europol;
(d) providing Europol with the necessary tools to support and strengthen actions by the competent authorities of the Member States and their mutual cooperation in preventing and combating criminal offences falling within Europol’s objectives;
(e) enhancing cooperation between Europol and third countries.

Or. en

Amendment 156

Ilaria Salis

Proposal for a regulation

Article 1 – paragraph 1 – introductory part

Text proposed by the CommissionAmendment
This Regulation lays down rules to enhance police cooperation and the support of the European Union Agency for Law Enforcement Cooperation (Europol) in preventing and combating migrant smuggling and trafficking in human beings, by:This Regulation lays down rules to enhance police cooperation and the support of the European Union Agency for Law Enforcement Cooperation (Europol) in preventing and combating exploitative forms of migrant smuggling and trafficking in human beings, by:

Or. en

Amendment 157

Ilaria Salis

Proposal for a regulation

Article 1 – paragraph 1 – point a

Text proposed by the CommissionAmendment
(a) establishing a European Centre Against Migrant Smuggling within Europol and a governance framework to regulate and support its activities;(a) establishing a European Centre Against Migrant Smuggling within Europol;

Or. en

Justification

The Europol Regulation provides for a framework of governance of the centre that is already sufficient.

Amendment 158

Ilaria Salis

Proposal for a regulation

Article 1 – paragraph 1 – point d

Text proposed by the CommissionAmendment
(d) providing Europol with the necessary tools to support and strengthen actions by the competent authorities of the Member States and their mutual cooperation in preventing and combating criminal offences falling within Europol’s objectives;deleted

Or. en

Amendment 159

Ilaria Salis

Proposal for a regulation

Article 1 – paragraph 1 – point e

Text proposed by the CommissionAmendment
(e) enhancing cooperation between Europol and third countries.deleted

Or. en

Amendment 160

Saskia Bricmont

Proposal for a regulation

Article 2

Text proposed by the CommissionAmendment
Article 2deleted
Definitions
For the purposes of this Regulation, the following definitions apply:
(1) ‘migrant smuggling’ means any of the activities referred to in Articles 3, 4 and 5 of Directive [XXX] [ laying down minimum rules to prevent and counter the facilitation of unauthorised entry, transit and stay in the Union, and replacing Council Directive 2002/90/EC and Council Framework Decision 2002/946 JHA]5 ;
(2) ‘trafficking in human beings’ means any of the activities referred to in Articles 2 and 3 of Directive 2011/36/EU of the European Parliament and of the Council6 ;
(3) ‘competent authorities’ means the competent authorities of the Member States defined in Article 2, point (a), of Regulation (EU) 2016/794;
(4) ‘immigration liaison officer’ means a liaison officer deployed in a third country by the competent authorities of a Member State, in accordance with its national law, to deal with immigration-related issues, including when those issues are only a part of the liaison officer’s duties.
_________________
5 [please add the title and the publication reference]
6 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1, ELI: http://data.europa.eu/eli/dir/2011/36/oj).

Or. en

Amendment 161

Ilaria Salis

Proposal for a regulation

Article 2 – paragraph 1 – point 1

Text proposed by the CommissionAmendment
(1) ‘migrant smuggling’ means any of the activities referred to in Articles 3, 4 and 5 of Directive [XXX] [ laying down minimum rules to prevent and counter the facilitation of unauthorised entry, transit and stay in the Union, and replacing Council Directive 2002/90/EC and Council Framework Decision 2002/946 JHA]5 ;(1) ‘ exploitative forms of migrant smuggling’ means any of the activities referred to in Articles 3 and 4 of Directive [XXX] [ laying down minimum rules to prevent and counter the facilitation of unauthorised entry, transit and stay in the Union, and replacing Council Directive 2002/90/EC and Council Framework Decision 2002/946 JHA]5 ;
__________________________________
5 [please add the title and the publication reference]5 [please add the title and the publication reference]

Or. en

Amendment 162

Ilaria Salis

Proposal for a regulation

Article 2 – paragraph 1 – point 3

Text proposed by the CommissionAmendment
(3) ‘competent authorities’ means the competent authorities of the Member States defined in Article 2, point (a), of Regulation (EU) 2016/794;deleted

Or. en

Justification

Consequential deletion due to deletion of Self-Standing regulation.

Amendment 163

Ilaria Salis

Proposal for a regulation

Article 2 – paragraph 1 – point 4

Text proposed by the CommissionAmendment
(4) ‘immigration liaison officer’ means a liaison officer deployed in a third country by the competent authorities of a Member State, in accordance with its national law, to deal with immigration-related issues, including when those issues are only a part of the liaison officer’s duties.deleted

Or. en

Justification

Consequential deletion related to cooperation with third countries.

Amendment 164

Ilaria Salis

Proposal for a regulation

Chapter II

Text proposed by the CommissionAmendment
II [...]deleted

Or. en

Justification

The governance structure for centers within Europol is already sufficiently regulated within the current Europol Regulation.

Amendment 165

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Chapter II

Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 166

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Chapter II

Text proposed by the CommissionAmendment
II The European Centre Against Migrant Smuggling is established within Europol as a Union centre of specialised expertise as referred to in Article 4(1), point (l), of Regulation (EU) 2016/794. It shall support Member States in the prevention and combating of migrant smuggling and trafficking in human beings and shall perform the tasks set out in Articles 5 and 6.deleted

Or. fr

Amendment 167

Ilaria Salis

Proposal for a regulation

Article 3

Text proposed by the CommissionAmendment
Article 3deleted
European Centre Against Migrant Smuggling
The European Centre Against Migrant Smuggling is established within Europol as a Union centre of specialised expertise as referred to in Article 4(1), point (l), of Regulation (EU) 2016/794. It shall support Member States in the prevention and combating of migrant smuggling and trafficking in human beings and shall perform the tasks set out in Articles 5 and 6.

Or. en

Amendment 168

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 3

Text proposed by the CommissionAmendment
Article 3deleted
European Centre Against Migrant Smuggling
The European Centre Against Migrant Smuggling is established within Europol as a Union centre of specialised expertise as referred to in Article 4(1), point (l), of Regulation (EU) 2016/794. It shall support Member States in the prevention and combating of migrant smuggling and trafficking in human beings and shall perform the tasks set out in Articles 5 and 6.

Or. en

Amendment 169

Georgiana Teodorescu, Alessandro Ciriani, Charlie Weimers, Assita Kanko

Proposal for a regulation

Article 3

Text proposed by the CommissionAmendment
Article 3deleted
European Centre Against Migrant Smuggling
The European Centre Against Migrant Smuggling is established within Europol as a Union centre of specialised expertise as referred to in Article 4(1), point (l), of Regulation (EU) 2016/794. It shall support Member States in the prevention and combating of migrant smuggling and trafficking in human beings and shall perform the tasks set out in Articles 5 and 6.

Or. en

Amendment 170

Saskia Bricmont

Proposal for a regulation

Article 3

Text proposed by the CommissionAmendment
Article 3deleted
European Centre Against Migrant Smuggling
The European Centre Against Migrant Smuggling is established within Europol as a Union centre of specialised expertise as referred to in Article 4(1), point (l), of Regulation (EU) 2016/794. It shall support Member States in the prevention and combating of migrant smuggling and trafficking in human beings and shall perform the tasks set out in Articles 5 and 6.

Or. en

Amendment 171

Georgiana Teodorescu, Alessandro Ciriani, Charlie Weimers, Assita Kanko

Proposal for a regulation

Article 4

Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 172

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 4

Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 173

Ilaria Salis

Proposal for a regulation

Article 4

Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 174

Saskia Bricmont

Proposal for a regulation

Article 4

Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 175

Cecilia Strada, Alessandro Zan, Marco Tarquinio, Sandro Ruotolo

Proposal for a regulation

Article 4 – paragraph 1 – subparagraph 1 – point b a (new)

Text proposed by the CommissionAmendment
(b a) a representative from the European Union Agency for Fundamental Rights

Or. en

Amendment 176

Jan-Christoph Oetjen, Veronika Cifrová Ostrihoňová, Lucia Yar, Hilde Vautmans

Proposal for a regulation

Article 4 – paragraph 1 – subparagraph 1 – point c a (new)

Text proposed by the CommissionAmendment
(c a) a representative of the European Union Agency for Asylum

Or. en

Amendment 177

Maciej Wąsik, Mariusz Kamiński

Proposal for a regulation

Article 4 – paragraph 1 – subparagraph 2

Text proposed by the CommissionAmendment
The European Centre Against Migrant Smuggling shall hold a meeting of the entities referred to in points (a) to (d) at least twice a year and the Commission shall participate in such meeting.The European Centre Against Migrant Smuggling shall hold a meeting of the entities referred to in points (a) to (d) at least twice a year and the Commission shall participate in such meeting.
At least once every two years, Europol shall provide training to representatives of Member States’ services cooperating with the European Centre Against Migrant Smuggling.

Or. pl

Amendment 178

Cecilia Strada, Alessandro Zan, Marco Tarquinio, Sandro Ruotolo

Proposal for a regulation

Article 4 – paragraph 2 – subparagraph 1 – point b a (new)

Text proposed by the CommissionAmendment
(b a) a representative from the European Union Agency for Fundamental Rights

Or. en

Amendment 179

Nikola Minchev, Jan-Christoph Oetjen

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the CommissionAmendment
3. For the purpose of paragraph 2 of this Article, and in accordance with Article 4(1), point (g), of Regulation (EU) 2018/1727 of the European Parliament and of the Council7 , Eurojust shall deploy a liaison officer, acting in accordance with that Regulation, to the European Centre Against Migrant Smuggling.3. For the purpose of paragraph 2 of this Article, and in accordance with Article 4(1), point (g), of Regulation (EU) 2018/1727 of the European Parliament and of the Council7 , Eurojust shall deploy a liaison officer, acting in accordance with that Regulation, to the European Centre Against Migrant Smuggling. In order to avoid that this deployment limits the resources devoted by Eurojust to the fight against migrant smuggling networks in accordance with its mandate, the cost shall be borne by the General Budget of the European Union.
__________________________________
7 Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (OJ L 295, 21.11.2018, p. 138, ELI: http://data.europa.eu/eli/reg/2018/1727/oj).7 Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (OJ L 295, 21.11.2018, p. 138, ELI: http://data.europa.eu/eli/reg/2018/1727/oj).

Or. en

Amendment 180

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 5

Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 181

Georgiana Teodorescu, Alessandro Ciriani, Charlie Weimers, Assita Kanko

Proposal for a regulation

Article 5

Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 182

Ilaria Salis

Proposal for a regulation

Article 5

Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 183

Saskia Bricmont

Proposal for a regulation

Article 5

Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 184

Maciej Wąsik, Mariusz Kamiński

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the CommissionAmendment
(a) providing strategic analyses and threat assessments to assist the Council and the Commission in laying down strategic and operational priorities of the Union for the prevention and combating of migrant smuggling and trafficking in human beings, in accordance with Article 4(2) of Regulation (EU) 2016/794;(a) providing strategic analyses and threat assessments to assist the European Parliament, the Council and the Commission in laying down strategic and operational priorities of the Union for the prevention and combating of migrant smuggling and trafficking in human beings, in accordance with Article 4(2) of Regulation (EU) 2016/794;

Or. pl

Amendment 185

Sophie Wilmès, Hilde Vautmans, Lucia Yar, Veronika Cifrová Ostrihoňová, Jan-Christoph Oetjen

Proposal for a regulation

Article 5 – paragraph 1 – point c

Text proposed by the CommissionAmendment
(c) supporting the coordination, cooperation and exchange of information on migrant smuggling and trafficking in human beings between Union agencies, notably with the European Border and Coast Guard Agency, Eurojust and, where appropriate, other relevant Union bodies or agencies, in line with their respective legal frameworks, including through working arrangements between them, in accordance with Article 4(1), point (j), of Regulation (EU) 2016/794;(c) supporting - while ensuring that this cooperation does not lead to any duplication or lack of clarity and provides genuine added value - the coordination, cooperation and exchange of information on migrant smuggling and trafficking in human beings between Union agencies, notably with the European Border and Coast Guard Agency, Eurojust and, where appropriate, other relevant Union bodies or agencies, in line with their respective legal frameworks, including through working arrangements between them, in accordance with Article 4(1), point (j), of Regulation (EU) 2016/794;

Or. en

Amendment 186

Jan-Christoph Oetjen, Veronika Cifrová Ostrihoňová, Lucia Yar, Hilde Vautmans

Proposal for a regulation

Article 5 – paragraph 1 – point c

Text proposed by the CommissionAmendment
(c) supporting the coordination, cooperation and exchange of information on migrant smuggling and trafficking in human beings between Union agencies, notably with the European Border and Coast Guard Agency, Eurojust and, where appropriate, other relevant Union bodies or agencies, in line with their respective legal frameworks, including through working arrangements between them, in accordance with Article 4(1), point (j), of Regulation (EU) 2016/794;(c) supporting the coordination, cooperation and exchange of information on migrant smuggling and trafficking in human beings between Union agencies, notably with the European Border and Coast Guard Agency, the European Union Agency for Asylum, Eurojust and, where appropriate, other relevant Union bodies or agencies, in line with their respective legal frameworks, including through working arrangements between them, in accordance with Article 4(1), point (j), of Regulation (EU) 2016/794;

Or. en

Amendment 187

Sophie Wilmès, Hilde Vautmans, Lucia Yar, Veronika Cifrová Ostrihoňová, Jan-Christoph Oetjen

Proposal for a regulation

Article 5 – paragraph 1 – point h

Text proposed by the CommissionAmendment
(h) providing strategic analyses and threat assessments to Member States and the Commission as well as relevant Union agencies or bodies, where appropriate, on the prevention and combating of migrant smuggling and trafficking in human beings, in accordance with Article 4(1), point (f), of Regulation (EU) 2016/794;(h) providing strategic analyses and threat and risks assessments to Member States and the Commission as well as relevant Union agencies or bodies, where appropriate, on the prevention and combating of migrant smuggling and trafficking in human beings, in accordance with Article 4(1), point (f), of Regulation (EU) 2016/794;

Or. en

Amendment 188

Sophie Wilmès, Hilde Vautmans, Lucia Yar, Veronika Cifrová Ostrihoňová, Jan-Christoph Oetjen

Proposal for a regulation

Article 5 – paragraph 1 – point i a (new)

Text proposed by the CommissionAmendment
(i a) Carrying out awareness-raising actions at the European level and within Member States to encourage the development of a chain approach among all actors involved in combating migrant smuggling and human trafficking.

Or. en

Amendment 189

Georgiana Teodorescu, Alessandro Ciriani, Charlie Weimers, Assita Kanko

Proposal for a regulation

Article 6

Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 190

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 6

Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 191

Saskia Bricmont

Proposal for a regulation

Article 6

Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 192

Ilaria Salis

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 193

Sophie Wilmès, Hilde Vautmans, Lucia Yar, Veronika Cifrová Ostrihoňová, Jan-Christoph Oetjen

Proposal for a regulation

Article 6 – paragraph 1 – point a

Text proposed by the CommissionAmendment
(a) coordinating, organising and implementing investigative and operational actions to support and strengthen actions by the competent authorities of the Member States in preventing and combating migrant smuggling and trafficking in human beings, including when these crimes are facilitated, promoted or committed using the internet, including social media, and including in the context of Europol deployments for operational support, in accordance with Article 4(1), points (c) and (m), of Regulation (EU) 2016/794;(a) coordinating, organising and implementing investigative and operational actions to support and strengthen actions by the competent authorities of the Member States in preventing and combating migrant smuggling and trafficking in human beings, with particular attention given when these forms of crime are facilitated, enabled, promoted or committed using the Internet, especially on very large online platforms, including social media, dating, service, ride-sharing, or accommodation platforms, for example ; and including in the context of Europol deployments for operational support, in accordance with Article 4(1), points (c) and (m), of Regulation (EU) 2016/794;

Or. en

Amendment 194

Cecilia Strada, Alessandro Zan, Marco Tarquinio, Sandro Ruotolo

Proposal for a regulation

Article 6 – paragraph 1 – point a

Text proposed by the CommissionAmendment
(a) coordinating, organising and implementing investigative and operational actions to support and strengthen actions by the competent authorities of the Member States in preventing and combating migrant smuggling and trafficking in human beings, including when these crimes are facilitated, promoted or committed using the internet, including social media, and including in the context of Europol deployments for operational support, in accordance with Article 4(1), points (c) and (m), of Regulation (EU) 2016/794;(a) coordinating and organising operational actions to support and strengthen actions by the competent authorities of the Member States in preventing and combating migrant smuggling and trafficking in human beings, including when these crimes are facilitated, promoted or committed using the internet, including social media, and including in the context of Europol deployments for operational support, in accordance with Article 4(1), points (c) and (m), of Regulation (EU) 2016/794;

Or. en

Amendment 195

Tomáš Zdechovský

Proposal for a regulation

Article 6 – paragraph 1 – point h a (new)

Text proposed by the CommissionAmendment
(h a) creating a European Registry of Convicted Smugglers, managed by Europol, which will include not only convicted individuals but also arrested suspects, to improve international law enforcement cooperation;

Or. en

Amendment 196

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Chapter III

Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 197

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Chapter III

Text proposed by the CommissionAmendment
III Each Member State shall designate, one year after the entry into force of this Regulation at the latest, one or more specialised services within its competent authorities, in accordance with national law, to prevent and combat migrant smuggling and trafficking in human beings, including through criminal investigations. Each Member State shall immediately after such designation inform the Commission thereof.deleted

Or. fr

Amendment 198

Ilaria Salis

Proposal for a regulation

Chapter III

Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 199

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 7

Text proposed by the CommissionAmendment
Article 7deleted
National specialised services to prevent and combat migrant smuggling and trafficking in human beings
1. Each Member State shall designate, one year after the entry into force of this Regulation at the latest, one or more specialised services within its competent authorities, in accordance with national law, to prevent and combat migrant smuggling and trafficking in human beings, including through criminal investigations. Each Member State shall immediately after such designation inform the Commission thereof.
2. Each Member State shall ensure that its specialised services designated in accordance with paragraph 1 of this Article collect all relevant information concerning and resulting from criminal investigations into migrant smuggling and trafficking in human beings and share such information as soon as possible with Europol and other Member States in accordance with Article 8.
3. Each Member State shall connect, one year after the entry into force of this Regulation at the latest, its specialised services designated in accordance with paragraph 1 of this Article directly to Europol’s Secure Information Exchange Network Application (SIENA) referred to in Article 2, point (w), of Regulation (EU) 2016/794. Each Member State shall immediately after such connection inform the Commission thereof.
4. Each Member State shall provide its specialised services designated in accordance with paragraph 1 with adequate resources to ensure that those specialised services are equipped to prevent and combat effectively migrant smuggling and trafficking in human beings, and to collect and share information in accordance with paragraph 2 in an effective and efficient manner.
5. Each Member State shall make available an appropriate number of staff members of the specialised services designated in accordance with paragraph 1 of this Article for the reserve pool referred to in Article 5b(6) of Regulation (EU) 2016/794, so that those staff members can participate in Europol deployments for operational support as seconded national experts.

Or. en

Amendment 200

Ilaria Salis

Proposal for a regulation

Article 7

Text proposed by the CommissionAmendment
Article 7deleted
National specialised services to prevent and combat migrant smuggling and trafficking in human beings
1. Each Member State shall designate, one year after the entry into force of this Regulation at the latest, one or more specialised services within its competent authorities, in accordance with national law, to prevent and combat migrant smuggling and trafficking in human beings, including through criminal investigations. Each Member State shall immediately after such designation inform the Commission thereof.
2. Each Member State shall ensure that its specialised services designated in accordance with paragraph 1 of this Article collect all relevant information concerning and resulting from criminal investigations into migrant smuggling and trafficking in human beings and share such information as soon as possible with Europol and other Member States in accordance with Article 8.
3. Each Member State shall connect, one year after the entry into force of this Regulation at the latest, its specialised services designated in accordance with paragraph 1 of this Article directly to Europol’s Secure Information Exchange Network Application (SIENA) referred to in Article 2, point (w), of Regulation (EU) 2016/794. Each Member State shall immediately after such connection inform the Commission thereof.
4. Each Member State shall provide its specialised services designated in accordance with paragraph 1 with adequate resources to ensure that those specialised services are equipped to prevent and combat effectively migrant smuggling and trafficking in human beings, and to collect and share information in accordance with paragraph 2 in an effective and efficient manner.
5. Each Member State shall make available an appropriate number of staff members of the specialised services designated in accordance with paragraph 1 of this Article for the reserve pool referred to in Article 5b(6) of Regulation (EU) 2016/794, so that those staff members can participate in Europol deployments for operational support as seconded national experts.

Or. en

Justification

This Article is undermining Article 19 of the Directive on Trafficking in Human Being, where specialiced services as well as national anti trafficking Coordinators are already established.

Amendment 201

Saskia Bricmont

Proposal for a regulation

Article 7

Text proposed by the CommissionAmendment
Article 7deleted
National specialised services to prevent and combat migrant smuggling and trafficking in human beings
1. Each Member State shall designate, one year after the entry into force of this Regulation at the latest, one or more specialised services within its competent authorities, in accordance with national law, to prevent and combat migrant smuggling and trafficking in human beings, including through criminal investigations. Each Member State shall immediately after such designation inform the Commission thereof.
2. Each Member State shall ensure that its specialised services designated in accordance with paragraph 1 of this Article collect all relevant information concerning and resulting from criminal investigations into migrant smuggling and trafficking in human beings and share such information as soon as possible with Europol and other Member States in accordance with Article 8.
3. Each Member State shall connect, one year after the entry into force of this Regulation at the latest, its specialised services designated in accordance with paragraph 1 of this Article directly to Europol’s Secure Information Exchange Network Application (SIENA) referred to in Article 2, point (w), of Regulation (EU) 2016/794. Each Member State shall immediately after such connection inform the Commission thereof.
4. Each Member State shall provide its specialised services designated in accordance with paragraph 1 with adequate resources to ensure that those specialised services are equipped to prevent and combat effectively migrant smuggling and trafficking in human beings, and to collect and share information in accordance with paragraph 2 in an effective and efficient manner.
5. Each Member State shall make available an appropriate number of staff members of the specialised services designated in accordance with paragraph 1 of this Article for the reserve pool referred to in Article 5b(6) of Regulation (EU) 2016/794, so that those staff members can participate in Europol deployments for operational support as seconded national experts.

Or. en

Amendment 202

Georgiana Teodorescu, Alessandro Ciriani, Charlie Weimers, Assita Kanko

Proposal for a regulation

Article 7

Text proposed by the CommissionAmendment
Article 7deleted
National specialised services to prevent and combat migrant smuggling and trafficking in human beings
1. Each Member State shall designate, one year after the entry into force of this Regulation at the latest, one or more specialised services within its competent authorities, in accordance with national law, to prevent and combat migrant smuggling and trafficking in human beings, including through criminal investigations. Each Member State shall immediately after such designation inform the Commission thereof.
2. Each Member State shall ensure that its specialised services designated in accordance with paragraph 1 of this Article collect all relevant information concerning and resulting from criminal investigations into migrant smuggling and trafficking in human beings and share such information as soon as possible with Europol and other Member States in accordance with Article 8.
3. Each Member State shall connect, one year after the entry into force of this Regulation at the latest, its specialised services designated in accordance with paragraph 1 of this Article directly to Europol’s Secure Information Exchange Network Application (SIENA) referred to in Article 2, point (w), of Regulation (EU) 2016/794. Each Member State shall immediately after such connection inform the Commission thereof.
4. Each Member State shall provide its specialised services designated in accordance with paragraph 1 with adequate resources to ensure that those specialised services are equipped to prevent and combat effectively migrant smuggling and trafficking in human beings, and to collect and share information in accordance with paragraph 2 in an effective and efficient manner.
5. Each Member State shall make available an appropriate number of staff members of the specialised services designated in accordance with paragraph 1 of this Article for the reserve pool referred to in Article 5b(6) of Regulation (EU) 2016/794, so that those staff members can participate in Europol deployments for operational support as seconded national experts.

Or. en

Amendment 203

Cecilia Strada, Alessandro Zan, Marco Tarquinio, Sandro Ruotolo

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the CommissionAmendment
1. Each Member State shall designate, one year after the entry into force of this Regulation at the latest, one or more specialised services within its competent authorities, in accordance with national law, to prevent and combat migrant smuggling and trafficking in human beings, including through criminal investigations. Each Member State shall immediately after such designation inform the Commission thereof.1. Each Member State shall designate, one year after the entry into force of this Regulation at the latest, one or more specialised services within its competent authorities, in accordance with national law, to prevent and combat migrant smuggling and trafficking in human beings. Each Member State shall immediately after such designation inform the Commission thereof.

Or. en

Justification

Criminal investigations are prerogative of the judiciary, which is independent and certainly not subject to any further designation from Member States.

Amendment 204

Cecilia Strada, Alessandro Zan, Marco Tarquinio, Sandro Ruotolo

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the CommissionAmendment
2. Each Member State shall ensure that its specialised services designated in accordance with paragraph 1 of this Article collect all relevant information concerning and resulting from criminal investigations into migrant smuggling and trafficking in human beings and share such information as soon as possible with Europol and other Member States in accordance with Article 8.2. Each Member State shall ensure that its specialised services designated in accordance with paragraph 1 of this Article collect all relevant information concerning and resulting from criminal investigations into migrant smuggling and trafficking in human beings and share such information as soon as possible with Europol and other Member States in accordance with Article 8, only when the criminal offence was committed within the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA1a
_________________
1a Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42, ELI: http://data.europa.eu/eli/dec_framw/2008/841/oj).

Or. en

Amendment 205

Sebastian Tynkkynen

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the CommissionAmendment
2. Each Member State shall ensure that its specialised services designated in accordance with paragraph 1 of this Article collect all relevant information concerning and resulting from criminal investigations into migrant smuggling and trafficking in human beings and share such information as soon as possible with Europol and other Member States in accordance with Article 8.2. Each Member State shall ensure that its specialised services designated in accordance with paragraph 1 of this Article collect all relevant information concerning and resulting from criminal investigations into migrant smuggling and trafficking in human beings and share such information without delay with Europol and other Member States in accordance with Article 8.

Or. fi

Amendment 206

Cecilia Strada, Alessandro Zan, Marco Tarquinio, Sandro Ruotolo

Proposal for a regulation

Article 7 – paragraph 4

Text proposed by the CommissionAmendment
4. Each Member State shall provide its specialised services designated in accordance with paragraph 1 with adequate resources to ensure that those specialised services are equipped to prevent and combat effectively migrant smuggling and trafficking in human beings, and to collect and share information in accordance with paragraph 2 in an effective and efficient manner.4. Each Member State shall provide its specialised services designated in accordance with paragraph 1 with adequate resources to ensure that those specialised services are equipped to prevent and combat effectively migrant smuggling and trafficking in human beings, and to collect and share information in accordance with paragraph 2 in an effective and efficient manner, only when the criminal offence was committed within the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA.

Or. en

Amendment 207

Sophie Wilmès, Hilde Vautmans, Lucia Yar, Veronika Cifrová Ostrihoňová

Proposal for a regulation

Article 7 – paragraph 4

Text proposed by the CommissionAmendment
4. Each Member State shall provide its specialised services designated in accordance with paragraph 1 with adequate resources to ensure that those specialised services are equipped to prevent and combat effectively migrant smuggling and trafficking in human beings, and to collect and share information in accordance with paragraph 2 in an effective and efficient manner.4. Each Member State shall provide - as far as possible - its specialised services designated in accordance with paragraph 1 with adequate resources, including in staffing and training, to ensure that those specialised services are equipped to prevent and combat effectively migrant smuggling and trafficking in human beings, and to collect and share information in accordance with paragraph 2 in an effective and efficient manner.

Or. en

Amendment 208

Sophie Wilmès, Hilde Vautmans, Veronika Cifrová Ostrihoňová

Proposal for a regulation

Article 7 – paragraph 5

Text proposed by the CommissionAmendment
5. Each Member State shall make available an appropriate number of staff members of the specialised services designated in accordance with paragraph 1 of this Article for the reserve pool referred to in Article 5b(6) of Regulation (EU) 2016/794, so that those staff members can participate in Europol deployments for operational support as seconded national experts.5. Each Member State shall make available - within the limits of their resources, capacities, and operational needs - an appropriate number of staff members of the specialised services designated in accordance with paragraph 1 of this Article for the reserve pool referred to in Article 5b(6) of Regulation (EU) 2016/794, so that those staff members can participate in Europol deployments for operational support as seconded national experts.

Or. en

Amendment 209

Georgiana Teodorescu, Alessandro Ciriani, Charlie Weimers, Assita Kanko

Proposal for a regulation

Article 8

Text proposed by the CommissionAmendment
Article 8deleted
Provision of information concerning criminal offences on migrant smuggling and trafficking in human beings to Europol and the Member States
1. Each Member State shall, in accordance with Regulation (EU) 2016/794, provide Europol with information held by its competent authorities and relating to criminal offences on migrant smuggling and trafficking in human beings.
2. Each Member State shall provide the information referred to in paragraph 1 of this Article to Europol in a timely manner.
3. Each Member State shall provide other Member States and, at the same time, Europol with information held by its competent authorities and relating to criminal offences on migrant smuggling and trafficking in human beings where there are objective reasons to believe that such information could be relevant to those other Member States for the purpose of preventing, detecting or investigating such criminal offences in those Member States.
4. Each Member State shall use SIENA to provide the information referred to in paragraph 3 of this Article to other Member States and Europol, in accordance with Article 8(4) and Article 18(2), point (d), of Regulation (EU) 2016/794.
5. Each Member State shall connect its immigration liaison officers to SIENA. Where it is not possible to connect an immigration liaison officer to SIENA due to imperative technical reasons related to the situation in the third country of deployment, that immigration liaison officer shall submit the information referred to in paragraph 1 to a national competent authority through other secure channels. That competent authority shall provide the information to Europol, directly or through the Europol national unit, using SIENA.

Or. en

Amendment 210

Saskia Bricmont

Proposal for a regulation

Article 8

Text proposed by the CommissionAmendment
Article 8deleted
Provision of information concerning criminal offences on migrant smuggling and trafficking in human beings to Europol and the Member States
1. Each Member State shall, in accordance with Regulation (EU) 2016/794, provide Europol with information held by its competent authorities and relating to criminal offences on migrant smuggling and trafficking in human beings.
2. Each Member State shall provide the information referred to in paragraph 1 of this Article to Europol in a timely manner.
3. Each Member State shall provide other Member States and, at the same time, Europol with information held by its competent authorities and relating to criminal offences on migrant smuggling and trafficking in human beings where there are objective reasons to believe that such information could be relevant to those other Member States for the purpose of preventing, detecting or investigating such criminal offences in those Member States.
4. Each Member State shall use SIENA to provide the information referred to in paragraph 3 of this Article to other Member States and Europol, in accordance with Article 8(4) and Article 18(2), point (d), of Regulation (EU) 2016/794.
5. Each Member State shall connect its immigration liaison officers to SIENA. Where it is not possible to connect an immigration liaison officer to SIENA due to imperative technical reasons related to the situation in the third country of deployment, that immigration liaison officer shall submit the information referred to in paragraph 1 to a national competent authority through other secure channels. That competent authority shall provide the information to Europol, directly or through the Europol national unit, using SIENA.

Or. en

Amendment 211

Ilaria Salis

Proposal for a regulation

Article 8

Text proposed by the CommissionAmendment
Article 8deleted
Provision of information concerning criminal offences on migrant smuggling and trafficking in human beings to Europol and the Member States
1. Each Member State shall, in accordance with Regulation (EU) 2016/794, provide Europol with information held by its competent authorities and relating to criminal offences on migrant smuggling and trafficking in human beings.
2. Each Member State shall provide the information referred to in paragraph 1 of this Article to Europol in a timely manner.
3. Each Member State shall provide other Member States and, at the same time, Europol with information held by its competent authorities and relating to criminal offences on migrant smuggling and trafficking in human beings where there are objective reasons to believe that such information could be relevant to those other Member States for the purpose of preventing, detecting or investigating such criminal offences in those Member States.
4. Each Member State shall use SIENA to provide the information referred to in paragraph 3 of this Article to other Member States and Europol, in accordance with Article 8(4) and Article 18(2), point (d), of Regulation (EU) 2016/794.
5. Each Member State shall connect its immigration liaison officers to SIENA. Where it is not possible to connect an immigration liaison officer to SIENA due to imperative technical reasons related to the situation in the third country of deployment, that immigration liaison officer shall submit the information referred to in paragraph 1 to a national competent authority through other secure channels. That competent authority shall provide the information to Europol, directly or through the Europol national unit, using SIENA.

Or. en

Amendment 212

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 8

Text proposed by the CommissionAmendment
Article 8deleted
Provision of information concerning criminal offences on migrant smuggling and trafficking in human beings to Europol and the Member States
1. Each Member State shall, in accordance with Regulation (EU) 2016/794, provide Europol with information held by its competent authorities and relating to criminal offences on migrant smuggling and trafficking in human beings.
2. Each Member State shall provide the information referred to in paragraph 1 of this Article to Europol in a timely manner.
3. Each Member State shall provide other Member States and, at the same time, Europol with information held by its competent authorities and relating to criminal offences on migrant smuggling and trafficking in human beings where there are objective reasons to believe that such information could be relevant to those other Member States for the purpose of preventing, detecting or investigating such criminal offences in those Member States.
4. Each Member State shall use SIENA to provide the information referred to in paragraph 3 of this Article to other Member States and Europol, in accordance with Article 8(4) and Article 18(2), point (d), of Regulation (EU) 2016/794.
5. Each Member State shall connect its immigration liaison officers to SIENA. Where it is not possible to connect an immigration liaison officer to SIENA due to imperative technical reasons related to the situation in the third country of deployment, that immigration liaison officer shall submit the information referred to in paragraph 1 to a national competent authority through other secure channels. That competent authority shall provide the information to Europol, directly or through the Europol national unit, using SIENA.

Or. en

Amendment 213

Nikola Minchev, Jan-Christoph Oetjen

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the CommissionAmendment
1. Each Member State shall, in accordance with Regulation (EU) 2016/794, provide Europol with information held by its competent authorities and relating to criminal offences on migrant smuggling and trafficking in human beings.1. Each Member State shall, in accordance with Regulation (EU) 2016/794, provide Europol with information held by its competent authorities and relating to criminal offences on migrant smuggling and trafficking in human beings. Before the implementation of any measures involving the collection, processing, or exchange of biometric data under this Article, the Commission shall conduct a full ex-ante fundamental rights impact assessment, in consultation with the European Data Protection Supervisor, in order to ensure compliance with the Charter of Fundamental Rights of the European Union.

Or. en

Amendment 214

Sebastian Tynkkynen

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the CommissionAmendment
2. Each Member State shall provide the information referred to in paragraph 1 of this Article to Europol in a timely manner.2. Each Member State shall provide the information referred to in paragraph 1 of this Article to Europol without delay.

Or. fi

Amendment 215

Ilaria Salis

Proposal for a regulation

Chapter IV – title

Text proposed by the CommissionAmendment
IV ENHANCING EUROPOL’S SUPPORT TO COMBATING MIGRANT SMUGGLING AND TRAFFICKING IN HUMAN BEINGSIV ENHANCING EUROPOL’S SUPPORT TO COMBATING EXPLOITATIVE FORMS OF MIGRANT SMUGGLING AND TRAFFICKING IN HUMAN BEINGS

Or. en

Amendment 216

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 1

Regulation (EU) 2016/794

Article 2 – paragraph 1 – point w

Text proposed by the CommissionAmendment
(w) ‘SIENA’ means the secure information exchange network application, managed by Europol, aimed at facilitating the exchange of information;(w) ‘SIENA’ means the secure information exchange network application aimed at facilitating the exchange of information between Member States in accordance with this Regulation and Directive (EU) 2023/977;

Or. en

Amendment 217

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Article 9 – paragraph 1 – point 1

Regulation (EU) 2016/794

Article 2 – paragraph 1 – point x

Text proposed by the CommissionAmendment
(x) ‘operational task force’ means a coordination mechanism set up by Member States among their competent authorities with the support of Europol to conduct joint, coordinated and prioritised criminal intelligence activities and investigations into a crime falling within the scope of Europol’s objectives that requires coordinated and concerted action;deleted

Or. fr

Amendment 218

Ilaria Salis

Proposal for a regulation

Article 9 – paragraph 1 – point 1

Regulation (EU) 2016/794

Article 2 – paragraph 1 – point x

Text proposed by the CommissionAmendment
(x) ‘operational task force’ means a coordination mechanism set up by Member States among their competent authorities with the support of Europol to conduct joint, coordinated and prioritised criminal intelligence activities and investigations into a crime falling within the scope of Europol’s objectives that requires coordinated and concerted action;deleted

Or. en

Justification

This is covered under Article 5 of the JIT Regulation. Therefore no need to amend Europol regulation on this matter.

Amendment 219

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 1

Regulation (EU) 2016/794

Article 2 – paragraph 1 – point x

Text proposed by the CommissionAmendment
(x) ‘operational task force’ means a coordination mechanism set up by Member States among their competent authorities with the support of Europol to conduct joint, coordinated and prioritised criminal intelligence activities and investigations into a crime falling within the scope of Europol’s objectives that requires coordinated and concerted action;(x) ‘operational task force’ means a temporary coordination mechanism set up by Member States among their competent authorities with the support of Europol and Eurojust, to conduct joint coordinated and prioritised criminal investigations into a crime falling within the scope of Europol’s objectives in line with Article 3 of this Regulation that requires coordinated and concerted action;

Or. en

Amendment 220

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 1

Regulation (EU) 2016/794

Article 2 – paragraph 1 – point y

Text proposed by the CommissionAmendment
(y) ‘Europol deployment for operational support’ means the deployment of Europol staff or seconded national experts in the territory of a Member State, upon request of that Member State, to provide analytical, operational, technical and forensic support in liaison and in agreement with the competent authorities of that Member State.;(y) ‘Europol deployment for operational support’ means the deployment of Europol staff or seconded national experts in the territory of a Member State for a limited period of time, upon request of that Member State and for specific circumstances, to provide analytical, operational, technical and forensic support in liaison and in agreement with the competent authorities of that Member State and with the involvement of Eurojust.’;

Or. en

Amendment 221

Ilaria Salis

Proposal for a regulation

Article 9 – paragraph 1 – point 1

Regulation (EU) 2016/794

Article 2 – paragraph 1 – point y

Text proposed by the CommissionAmendment
(y) ‘Europol deployment for operational support’ means the deployment of Europol staff or seconded national experts in the territory of a Member State, upon request of that Member State, to provide analytical, operational, technical and forensic support in liaison and in agreement with the competent authorities of that Member State.;(y) ‘Europol deployment for operational support’ means the deployment of Europol staff or seconded national experts in the territory of a Member State, upon request of that Member State, to provide operational and technical in liaison and in agreement with the competent authorities of that Member State.;

Or. en

Justification

Operational support provided by Europol consists operational and technical support in accordance with Europol regulation.

Amendment 222

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point i

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point c – introductory part

Text proposed by the CommissionAmendment
(c) coordinate, organise and implement investigative and operational actions to support and strengthen actions by the competent authorities of the Member States, that are carried out:(c) coordinate, organise and implement investigative and operational actions to support and strengthen actions by the competent authorities of the Member States, where appropriate, in liaison with Eurojust, that are carried out:

Or. en

Amendment 223

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point i

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point c – point ii

Text proposed by the CommissionAmendment
(ii) in the context of joint investigation teams in accordance with Article 5 and, where appropriate, in liaison with Eurojust;(ii) in the context of joint investigation teams in accordance with Article 5;

Or. en

Amendment 224

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point i

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point c – point iii

Text proposed by the CommissionAmendment
(iii) in the context of operational task forces in accordance with Article 5a;deleted

Or. fr

Amendment 225

Ilaria Salis

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point i

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point c – point iii

Text proposed by the CommissionAmendment
(iii) in the context of operational task forces in accordance with Article 5a;deleted

Or. en

Justification

Consequential Deletion related to operational task forces.

Amendment 226

Georgiana Teodorescu, Alessandro Ciriani, Charlie Weimers, Assita Kanko, Jadwiga Wiśniewska

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point i

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point c – point iii

Text proposed by the CommissionAmendment
(iii) in the context of operational task forces in accordance with Article 5a;(iii) in the context of operational task forces in accordance with Article 5a and, where judicial authorities are involved, in liaison with Eurojust;

Or. en

Justification

As reflected in the ex-post impact assessment conducted by the European Parliament, judicial follow-up to the work of operational task forces (OTFs) is an important missing element in the current proposal. When necessary and without reducing the flexibility of these tools, Europol should involve Eurojust to ensure coordination of judicial authorities. This should happen not only in the context of joint investigation teams, but also OTFs when judicial authorities are involved

Amendment 227

Ilaria Salis

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point ii

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point h

Text proposed by the CommissionAmendment
(ii) point (h) is replaced by the following:deleted
‘(h) support Member States' cross-border information exchange activities, operations and investigations, as well as joint investigation teams and operational task forces, including by providing analytical, operational, technical, forensic and financial support;;’

Or. en

Justification

Operational support provided by Europol consists operational and technical support in accordance with Europol regulation.

Amendment 228

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point ii

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point h

Text proposed by the CommissionAmendment
(h) support Member States' cross-border information exchange activities, operations and investigations, as well as joint investigation teams and operational task forces, including by providing analytical, operational, technical, forensic and financial support;;(h) support Member States’ cross-border information exchange activities, operations and investigations, as well as joint investigation teams, including by providing operational, technical, forensic and financial support;

Or. fr

Amendment 229

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point iii

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point l

Text proposed by the CommissionAmendment
develop Union centres of specialised expertise for combating certain types of crime falling within the scope of Europol's objectives, including the European Cybercrime Centre and, in accordance with Regulation (EU) …/… of the European Parliament and of the Council* [Regulation on Combating Migrant Smuggling], the European Centre Against Migrant Smuggling;develop Union centres of specialised expertise for combating certain types of crime falling within the scope of Europol's objectives;

Or. en

Amendment 230

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point iii

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point l

Text proposed by the CommissionAmendment
develop Union centres of specialised expertise for combating certain types of crime falling within the scope of Europol's objectives, including the European Cybercrime Centre and, in accordance with Regulation (EU) …/… of the European Parliament and of the Council* [Regulation on Combating Migrant Smuggling], the European Centre Against Migrant Smuggling;develop Union centres of specialised expertise for combating certain types of crime falling within the scope of Europol's objectives, including the European Cybercrime Centre;

Or. fr

Amendment 231

Ilaria Salis

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point iii

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point l

Text proposed by the CommissionAmendment
develop Union centres of specialised expertise for combating certain types of crime falling within the scope of Europol's objectives, including the European Cybercrime Centre and, in accordance with Regulation (EU) …/… of the European Parliament and of the Council* [Regulation on Combating Migrant Smuggling], the European Centre Against Migrant Smuggling;develop Union centres of specialised expertise for combating certain types of crime falling within the scope of Europol's objectives, including the European Cybercrime Centre and the European Centre Against Migrant Smuggling;

Or. en

Justification

The Centre which already exists, should be codified in the Europol Regulation, instead of a self-standing regulation.

Amendment 232

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point iii

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point l

Text proposed by the CommissionAmendment
develop Union centres of specialised expertise for combating certain types of crime falling within the scope of Europol's objectives, including the European Cybercrime Centre and, in accordance with Regulation (EU) …/… of the European Parliament and of the Council* [Regulation on Combating Migrant Smuggling], the European Centre Against Migrant Smuggling;develop Union centres of specialised expertise for combating certain types of crime falling within the scope of Europol's objectives, including the European Cybercrime Centre and, in accordance with article 16a of this Regulation, the European Centre Against Migrant Smuggling;

Or. en

Amendment 233

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point iii

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point l

Text proposed by the CommissionAmendment
* Regulation (EU) …/… of the European Parliament and of the Council of … 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 (OJ L …, ELI: …);deleted

Or. fr

Amendment 234

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point iii

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point l

Text proposed by the CommissionAmendment
* Regulation (EU) …/… of the European Parliament and of the Council of … 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 (OJ L …, ELI: …);deleted

Or. en

Amendment 235

Ilaria Salis

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point iii

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point l

Text proposed by the CommissionAmendment
* Regulation (EU) …/… of the European Parliament and of the Council of … 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 (OJ L …, ELI: …);deleted

Or. en

Amendment 236

Ilaria Salis

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point iv

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point s

Text proposed by the CommissionAmendment
(s) facilitate joint, coordinated and prioritised criminal intelligence activities and investigations, including with regard to persons referred to in point (r), and including through operational task forces and Europol deployments for operational support;;(s) facilitate joint, coordinated and prioritised investigations, including with regard to persons referred to in point (r), and Europol deployments for operational support;;

Or. en

Amendment 237

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point iv

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point s

Text proposed by the CommissionAmendment
(s) facilitate joint, coordinated and prioritised criminal intelligence activities and investigations, including with regard to persons referred to in point (r), and including through operational task forces and Europol deployments for operational support;;(s) facilitate joint, coordinated and prioritised criminal intelligence activities and investigations, including with regard to persons referred to in point (r), and including Europol deployments for operational support;’;

Or. fr

Amendment 238

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point iv

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point s

Text proposed by the CommissionAmendment
(s) facilitate joint, coordinated and prioritised criminal intelligence activities and investigations, including with regard to persons referred to in point (r), and including through operational task forces and Europol deployments for operational support;;(s) facilitate joint, coordinated and prioritised criminal investigations, including with regard to persons referred to in point (r), and including through operational task forces and Europol deployments for operational support;;

Or. en

Amendment 239

Ilaria Salis

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point v

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point za

Text proposed by the CommissionAmendment
(v) the following point (za) is added:deleted
‘(za) support Member States with the effective and efficient processing of biometric data.;’

Or. en

Amendment 240

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point v

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point za

Text proposed by the CommissionAmendment
(za) support Member States with the effective and efficient processing of biometric data.;(za) support Member States with the processing of biometric data in accordance with Article 5c of this Regulation and in strict compliance with the existing safeguards with regard to the rights and freedoms of the data subjects on the processing of biometric data.’;

Or. en

Amendment 241

Jeroen Lenaers

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point v

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point za

Text proposed by the CommissionAmendment
(za) support Member States with the effective and efficient processing of biometric data.;(za) support Member States, including through the development of advanced tools, with the effective and efficient processing of biometric data, including dactyloscopic data, facial images and DNA profiles, satisfying minimum quality standards as appropriate.

Or. en

Amendment 242

Cecilia Strada, Alessandro Zan, Marco Tarquinio, Sandro Ruotolo

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point v

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point za

Text proposed by the CommissionAmendment
(za) support Member States with the effective and efficient processing of biometric data.;(za) support Member States with the effective and efficient processing of biometric data in full compliance with fundamental rights and the principle of strict necessity and proportionality;

Or. en

Amendment 243

Matthieu Valet, Fabrice Leggeri, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point v

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point za

Text proposed by the CommissionAmendment
(za) support Member States with the effective and efficient processing of biometric data.;(za) support Member States with the effective and efficient processing of biometric data such as finger and palm prints, DNA profiles or bone tests;

Or. fr

Amendment 244

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point a – point v

Regulation (EU) 2016/794

Article 4 – paragraph 1 – subparagraph 1 – point za

Text proposed by the CommissionAmendment
(za) support Member States with the effective and efficient processing of biometric data.;(za) support Member States with the effective and efficient processing of biometric data, in accordance with Article 18 of this Regulation;

Or. en

Amendment 245

Ilaria Salis

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point b

Regulation (EU) 2016/794

Article 4 – paragraph 5 – subparagraph 2

Text proposed by the CommissionAmendment
Europol staff may provide operational support to the competent authorities of the Member States during the execution of investigative measures by those authorities, at their request and in accordance with their national law, including in the context of the implementation of operational task forces and Europol deployment for operational support, in particular by facilitating cross-border information exchange, by providing analytical, operational, technical and forensic support, and by being present during the execution of those measures.Europol staff may provide operational support to the competent authorities of the Member States during the execution of investigative measures by those authorities, at their request and in accordance with their national law, in particular by facilitating cross-border information exchange, by providing operational and technical support, and by being present during the execution of those measures.

Or. en

Amendment 246

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point b

Regulation (EU) 2016/794

Article 4 – paragraph 5 – subparagraph 2

Text proposed by the CommissionAmendment
Europol staff may provide operational support to the competent authorities of the Member States during the execution of investigative measures by those authorities, at their request and in accordance with their national law, including in the context of the implementation of operational task forces and Europol deployment for operational support, in particular by facilitating cross-border information exchange, by providing analytical, operational, technical and forensic support, and by being present during the execution of those measures.Europol staff may provide operational support to the competent authorities of the Member States during the execution of investigative measures by those authorities, at their request in accordance with their national law and with the involvement of Eurojust to also ensure effective and efficient judicial cooperation, including in the context of the implementation of operational task forces and Europol deployment for operational support, in particular by facilitating cross-border information exchange, by providing analytical, operational, technical and forensic support, and by being present during the execution of those measures.

Or. en

Amendment 247

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point b

Regulation (EU) 2016/794

Article 4 – paragraph 5 – subparagraph 3

Text proposed by the CommissionAmendment
Europol staff shall have the power to execute non-coercive investigative measures themselves provided that Europol has been requested to do so by a Member State in accordance with its national law and the Executive Director has authorised Europol staff to execute the requested non-coercive investigative measures.deleted

Or. en

Justification

No definition of non-coercive measures has been proposed. No clarity has been provided in the recitals on what this would mean in practice. The Treaties specifically exclude Europol carrying out coercive measures. This provision lacks legal clarity and it is difficult to understand its purpose.

Amendment 248

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point b

Regulation (EU) 2016/794

Article 4 – paragraph 5 – subparagraph 3

Text proposed by the CommissionAmendment
Europol staff shall have the power to execute non-coercive investigative measures themselves provided that Europol has been requested to do so by a Member State in accordance with its national law and the Executive Director has authorised Europol staff to execute the requested non-coercive investigative measures.deleted

Or. en

Amendment 249

Ilaria Salis

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point b

Regulation (EU) 2016/794

Article 4 – paragraph 5 – subparagraph 3

Text proposed by the CommissionAmendment
Europol staff shall have the power to execute non-coercive investigative measures themselves provided that Europol has been requested to do so by a Member State in accordance with its national law and the Executive Director has authorised Europol staff to execute the requested non-coercive investigative measures.deleted

Or. en

Justification

The changes introduced in this Regulation do not need a respective change in paragraph 5.

Amendment 250

Ilaria Salis

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point b

Regulation (EU) 2016/794

Article 4 – paragraph 5 – subparagraph 4

Text proposed by the CommissionAmendment
Europol staff shall carry out such non-coercive investigative measures in liaison and in agreement with the competent authorities of the Member State concerned, and in accordance with this Regulation and the national law of that Member State.;deleted

Or. en

Justification

The changes in this Regulation do not need a respective change in paragraph 5.

Amendment 251

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point b

Regulation (EU) 2016/794

Article 4 – paragraph 5 – subparagraph 4

Text proposed by the CommissionAmendment
Europol staff shall carry out such non-coercive investigative measures in liaison and in agreement with the competent authorities of the Member State concerned, and in accordance with this Regulation and the national law of that Member State.;deleted

Or. en

Justification

No definition of non-coercive measures has been proposed. No clarity has been provided in the recitals on what this would mean in practice. The Treaties specifically exclude Europol carrying out coercive measures. This provision lacks legal clarity and it is difficult to understand its purpose.

Amendment 252

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 2 – point b

Regulation (EU) 2016/794

Article 4 – paragraph 5 – subparagraph 4

Text proposed by the CommissionAmendment
Europol staff shall carry out such non-coercive investigative measures in liaison and in agreement with the competent authorities of the Member State concerned, and in accordance with this Regulation and the national law of that Member State.;deleted

Or. en

Amendment 253

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3 – introductory part

Regulation (EU) 2016/794

Text proposed by the CommissionAmendment
(3) the following Articles 5a and 5b are inserted:(3) the following Articles 5a, 5b, 5c, 5d, 5e, 5f, 5g and 5h are inserted:

Or. en

Amendment 254

Ilaria Salis

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a

Text proposed by the CommissionAmendment
Article 5adeleted

Or. en

Justification

This is covered under Article 5 of the JIT Regulation. Therefore there is no need to amend Europol regulation on this matter.

Amendment 255

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a

Text proposed by the CommissionAmendment
Article 5adeleted

Or. fr

Justification

New Article 5a is deleted in its entirety.

Cf. amendment to recital 15.

Amendment 256

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – title

Text proposed by the CommissionAmendment
Operational task forcesOperational task forces for the prevention, detection and investigation of migrant smuggling and trafficking in human beings.

Or. en

Justification

As this proposal focuses clearly on the prevention, detection and investigation of migrant smuggling and trafficking in human beings, the new Article on operational task forces should be limited to task forces established to tackle migrant smuggling and trafficking in human beings.

Amendment 257

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 1

Text proposed by the CommissionAmendment
1. Member States may set up an operational task force for the duration of certain dedicated criminal intelligence activities or investigations. Europol shall facilitate the setting up and support the implementation of an operational task force.1. Member States may set up a temporary operational task force for the duration of certain dedicated criminal investigations falling within the scope of Europol’s objectives in line with Article 3 of this Regulation that requires coordinated and concerted action. Europol shall facilitate the setting up and support the implementation of an operational task force.

Or. en

Amendment 258

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz, Ana Catarina Mendes

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 1

Text proposed by the CommissionAmendment
1. Member States may set up an operational task force for the duration of certain dedicated criminal intelligence activities or investigations. Europol shall facilitate the setting up and support the implementation of an operational task force.1. For the prevention, detection and investigation of migrant smuggling and trafficking in human beings, Member States may set up an operational task force for the duration of those criminal intelligence activities or investigations. Europol shall facilitate the setting up and support the implementation of an operational task force.

Or. en

Amendment 259

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz, Ana Catarina Mendes

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1 a. The purpose of establishing such an operational task force shall be to identify, investigate, and ultimately prosecute, the organised criminal groups that profit from smuggling migrants into the Union irregularly.

Or. en

Justification

It is important to be clear that the aim of establishing an OTF in this area is to tackle the organised criminal groups profiting from criminal smuggling. A contrario, the purpose is not to tackle irregular immigration or to criminalise irregular migrants.

Amendment 260

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 2

Text proposed by the CommissionAmendment
2. The Member States setting up an operational task force shall agree with Europol on the planning, coordination and implementation of the criminal intelligence activities and investigations of the operational task force.2. The Member States setting up an operational task force pursuant to paragraph 1 shall agree with Europol on the planning, coordination and implementation of the criminal intelligence activities and investigations of the operational task force.

Or. en

Amendment 261

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 2

Text proposed by the CommissionAmendment
2. The Member States setting up an operational task force shall agree with Europol on the planning, coordination and implementation of the criminal intelligence activities and investigations of the operational task force.2. The Member States setting up an operational task force in accordance with paragraph 1 shall agree with Europol on the planning, coordination and implementation of the operational task force.

Or. en

Amendment 262

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 3

Text proposed by the CommissionAmendment
3. The Member States setting up an operational task force shall ensure coherence and synergies with the framework of the European Multidisciplinary Platform Against Criminal Threats (EMPACT).3. The Member States setting up an operational task force in accordance with paragraph 1 shall ensure coherence and synergies with the framework of the European Multidisciplinary Platform Against Criminal Threats (EMPACT).

Or. en

Amendment 263

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 3

Text proposed by the CommissionAmendment
3. The Member States setting up an operational task force shall ensure coherence and synergies with the framework of the European Multidisciplinary Platform Against Criminal Threats (EMPACT).3. The Member States setting up an operational task force pursuant to paragraph 1 shall ensure coherence and synergies with the framework of the European Multidisciplinary Platform Against Criminal Threats (EMPACT).

Or. en

Amendment 264

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 4

Text proposed by the CommissionAmendment
4. The Member States setting up an operational task force may decide to invite other Member States, third countries and other partners referred to in Article 23 to participate in or support the operational task force. The participation of third countries and other partners in the operational task force shall take place in accordance with this Regulation.4. The Member States setting up an operational task force in accordance with paragraph 1 may decide to invite other Member States, third countries and other partners in line with this Regulation to participate in or support the operational task force.

Or. en

Amendment 265

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 4

Text proposed by the CommissionAmendment
4. The Member States setting up an operational task force may decide to invite other Member States, third countries and other partners referred to in Article 23 to participate in or support the operational task force. The participation of third countries and other partners in the operational task force shall take place in accordance with this Regulation.4. The Member States setting up an operational task force pursuant to paragraph 1 may decide to invite other Member States, third countries and other partners referred to in Article 23 of this Regulation to participate in or support the operational task force. The participation of third countries and other partners in the operational task force shall take place in accordance with this Regulation.

Or. en

Amendment 266

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 4 a (new)

Text proposed by the CommissionAmendment
4 a. The Member States setting up, participating in or supporting an operational task force in accordance to this Article shall inform Europol and Eurojust as soon as judicial authorities are involved in the investigation of the crime to which the operational task force relates. Such information shall include, at least, the contact details of the judicial authorities concerned and the form of crime under investigations.

Or. en

Amendment 267

Nikola Minchev, Jan-Christoph Oetjen

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 5

Text proposed by the CommissionAmendment
5. To support the implementation of an operational task force, Europol shall make available the analytical, operational, technical, forensic and financial support provided for by this Regulation, in accordance with paragraph 2.5. To support the implementation of an operational task force, Europol shall make available the analytical, operational, technical, forensic and financial support provided for by this Regulation, in accordance with paragraph 1. Europol shall inform Eurojust of the existence of an operational task force as soon as judicial authorities are involved in the investigation of the crime to which the operational task force relates. Such information shall include, at least, the contact details of the judicial authorities concerned and the form of crime under investigation.

Or. en

Amendment 268

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 5

Text proposed by the CommissionAmendment
5. To support the implementation of an operational task force, Europol shall make available the analytical, operational, technical, forensic and financial support provided for by this Regulation, in accordance with paragraph 2.5. To support the implementation of an operational task force in accordance to paragraph 1 and paragraph 2, Europol shall make available the analytical, operational, technical, forensic and financial support pursuant to this Regulation.

Or. en

Amendment 269

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 6

Text proposed by the CommissionAmendment
6. Each Member State setting up, or participating in, or supporting an operational task force shall, in accordance with the planning, coordination and implementation referred to in paragraph 2:6. Each Member State setting up, or participating in, or supporting an operational task force pursuant to paragraph 1 shall, in accordance with the planning, coordination and implementation referred to in paragraph 2:

Or. en

Amendment 270

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 6 – point a

Text proposed by the CommissionAmendment
(a) provide all relevant information without delay to Europol and to the other Member States setting up, participating in, or supporting the operational task force, using SIENA and, where appropriate, make information directly accessible in accordance with Article 20(2a);(a) provide all relevant information without delay to Europol and to the other Member States setting up, participating in, or supporting the operational task force, using SIENA;

Or. en

Amendment 271

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 6 – point a a (new)

Text proposed by the CommissionAmendment
(a a) retain controllership over the personal data shared within the framework of the task force. Europol may process personal data only for the purposes laid down in Article 18;

Or. en

Amendment 272

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 6 – point b

Text proposed by the CommissionAmendment
(b) make use of the analytical, operational, technical, forensic and financial support provided by Europol;(b) make use of the analytical, operational, technical, forensic and financial support provided by Europol in accordance to paragraph 5;

Or. en

Amendment 273

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 6 – point c

Text proposed by the CommissionAmendment
(c) initiate certain dedicated criminal intelligence activities and investigations in accordance with national law where required to address the crime to which the operational task force relates;(c) initiate certain dedicated criminal investigations in accordance with national and Union law where coordinated and concerted action is required to address the crime falling within the scope of Europol’s objectives in line with Article 3 of this Regulation to which the operational task force relates;

Or. en

Amendment 274

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 6 – point d

Text proposed by the CommissionAmendment
(d) initiate parallel financial investigations in accordance with national and Union law to identify and seize criminal assets;(d) initiate parallel financial investigations in accordance to identify and seize criminal assets in accordance with Regulation (EU) 2018/1805;

Or. en

Amendment 275

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 6 – point e

Text proposed by the CommissionAmendment
(e) engage its liaison officers deployed in third countries where criminal activities are investigated in the context of the operational task force to enhance cooperation and information sharing, and provide Europol with the information obtained, in accordance with Union and national law.(e) where needed and in accordance with this Regulation and the applicable EU data protection framework, engage Europol’s liaison officers deployed in third countries where criminal activities falling within the scope of Europol’s objectives in line with Article 3 of this Regulation are investigated in the context of the operational task force.

Or. en

Amendment 276

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 6 – point e a (new)

Text proposed by the CommissionAmendment
(e a) inform and cooperate with Eurojust as soon as judicial authorities are involved in the investigation of the crime to which the operational task force relates;

Or. en

Amendment 277

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 7

Text proposed by the CommissionAmendment
7. The Executive Director may propose setting up an operational task force to the competent authorities of the Member States concerned via their national units where the Executive Director considers it would add value to combating a crime falling within the scope of Europol’s objectives.7. The Executive Director may propose setting up a temporary operational task force to the competent authorities of the Member States concerned via their national units where the Executive Director considers that setting up an operational task force to combat a crime falling within the scope of Europol’s objectives and that requires coordinated and concerted action is necessary. Europol shall immediately inform Eurojust and the JPSG of any proposal pursuant to this paragraph.

Or. en

Amendment 278

Sebastian Tynkkynen

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 7

Text proposed by the CommissionAmendment
7. The Executive Director may propose setting up an operational task force to the competent authorities of the Member States concerned via their national units where the Executive Director considers it would add value to combating a crime falling within the scope of Europol’s objectives.7. The Executive Director may propose setting up an operational task force to the competent authorities of the Member States concerned via their national units where the Executive Director considers it would add value to combating a crime falling within the scope of Europol’s objectives. However, the decision to set up an operational task force remains at the discretion of the national authorities.

Or. fi

Amendment 279

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 8

Text proposed by the CommissionAmendment
8. The Management Board shall adopt implementing rules for the setting up and implementation of operational task forces.8. The Management Board shall adopt implementing rules for the setting up and implementation of operational task forces pursuant to this Article, including measures to avoid the risk of double funding with joint investigation teams. The implementing rules shall be publicly available and the JPSG shall be informed.

Or. en

Amendment 280

Jeroen Lenaers

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5a – paragraph 8 a (new)

Text proposed by the CommissionAmendment
8 a. To ensure coordination between operational task forces and joint investigations, Eurojust shall be consulted prior to the adoption of the implementing rules referred to in paragraph 8. Europol and Eurojust shall be kept informed by the Member States of any operational task forces which involve judicial authorities and Eurojust shall be kept informed by Europol of any proposals made by the Executive Director pursuant to paragraph 7.

Or. en

Amendment 281

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz, Ana Catarina Mendes

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – title

Text proposed by the CommissionAmendment
Europol deployment for operational supportEuropol deployment for operational support for the prevention, detection and investigation of migrant smuggling and trafficking in human beings.

Or. en

Justification

As this proposal focuses clearly on the prevention, detection and investigation of migrant smuggling and trafficking in human beings, the new Article on operational task forces should be limited to task forces established to tackle migrant smuggling and trafficking in human beings.

Amendment 282

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph1

Text proposed by the CommissionAmendment
1. A Member State may request, in accordance with its national law, Europol deployment for operational support on its territory to make use of the analytical, operational, technical, forensic and financial support provided by Europol to prevent and combat crimes falling within Europol’s objectives.1. A Member State may request, in accordance with its national law and for specific circumstances, Europol deployment for operational support on its territory for a limited period of time, to make use of the analytical, operational, technical, forensic and financial support provided by Europol to prevent and combat crimes falling within Europol’s objectives in accordance with Article 3 of this Regulation. Eurojust shall be involved in any deployment of Europol’s staff to ensure consistency between law enforcement and judicial cooperation.

Or. en

Amendment 283

Verena Mertens

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 1

Text proposed by the CommissionAmendment
1. A Member State may request, in accordance with its national law, Europol deployment for operational support on its territory to make use of the analytical, operational, technical, forensic and financial support provided by Europol to prevent and combat crimes falling within Europol’s objectives.1. A Member State may request, in accordance with its national law, Europol deployment for operational support on its territory to make use of the analytical, operational, technical, forensic and financial support provided by Europol to prevent and combat crimes falling within Europol’s objectives. The Executive Director shall evaluate all requests and may accept or refuse the deployment, considering the operational and professional needs, risk assessment, and available resources.

Or. en

Amendment 284

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 1

Text proposed by the CommissionAmendment
1. A Member State may request, in accordance with its national law, Europol deployment for operational support on its territory to make use of the analytical, operational, technical, forensic and financial support provided by Europol to prevent and combat crimes falling within Europol’s objectives.1. A Member State may request, in accordance with its national law, Europol deployment for operational support on its territory for the prevention, detection and investigation of migrant smuggling and trafficking in human beings to make use of the analytical, operational, technical, forensic and financial support provided by Europol to prevent and combat crimes falling within Europol’s objectives.

Or. en

Amendment 285

Ilaria Salis

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5 – paragraph 1

Text proposed by the CommissionAmendment
1. A Member State may request, in accordance with its national law, Europol deployment for operational support on its territory to make use of the analytical, operational, technical, forensic and financial support provided by Europol to prevent and combat crimes falling within Europol’s objectives.1. A Member State may request, in accordance with its national law, Europol deployment for operational support on its territory to make use of the operational and technical support provided by Europol to prevent and combat crimes falling within Europol’s objectives.

Or. en

Amendment 286

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz, Ana Catarina Mendes

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1 a. The purpose of such an operational deployment shall be to support Member States in identifying, investigating and ultimately prosecuting, the organised criminal groups that profit from smuggling migrants into the Union irregularly.

Or. en

Justification

It is important to be clear that the aim of establishing on OTF in this area is to tackle the organised criminal groups profiting from criminal smuggling. A contrario, the purpose is not to tackle irregular immigration or to criminalise irregular migrants.

Amendment 287

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 2

Text proposed by the CommissionAmendment
2. Europol deployment for operational support shall take place in the context of complex and large-scale investigations requiring Europol’s support, including in the context of joint investigation teams or operational task forces, or to support checks against relevant databases to strengthen controls at the Union’s external borders, or migration management support teams in accordance with Regulation (EU) 2019/1896 of the European Parliament and of the Council or to provide support to Member States in major international events.deleted

Or. fr

Justification

Deciding on the appropriateness of, and arrangements for, deployment must be a matter for the requesting Member State and for Europol's Management Board and Executive Director.

Amendment 288

Ilaria Salis

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 2

Text proposed by the CommissionAmendment
2. Europol deployment for operational support shall take place in the context of complex and large-scale investigations requiring Europol’s support, including in the context of joint investigation teams or operational task forces, or to support checks against relevant databases to strengthen controls at the Union’s external borders, or migration management support teams in accordance with Regulation (EU) 2019/1896 of the European Parliament and of the Council or to provide support to Member States in major international events.2. Europol deployment for operational support shall take place in the context of complex and large-scale investigations requiring Europol’s support, including in the context of joint investigation teams.

Or. en

Amendment 289

Maciej Wąsik, Mariusz Kamiński

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5 b – paragraph 2

Text proposed by the CommissionAmendment
2. Europol deployment for operational support shall take place in the context of complex and large-scale investigations requiring Europol’s support, including in the context of joint investigation teams or operational task forces, or to support checks against relevant databases to strengthen controls at the Union’s external borders, or migration management support teams in accordance with Regulation (EU) 2019/1896 of the European Parliament and of the Council or to provide support to Member States in major international events.2. Europol deployment for operational support shall take place in the context of complex and large-scale investigations requiring Europol’s support, including in the context of joint investigation teams or operational task forces, or to support checks against relevant databases.

Or. pl

Amendment 290

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz, Ana Catarina Mendes

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 2

Text proposed by the CommissionAmendment
2. Europol deployment for operational support shall take place in the context of complex and large-scale investigations requiring Europol’s support, including in the context of joint investigation teams or operational task forces, or to support checks against relevant databases to strengthen controls at the Union’s external borders, or migration management support teams in accordance with Regulation (EU) 2019/1896 of the European Parliament and of the Council or to provide support to Member States in major international events.2. Europol deployment for operational support pursuant to paragraph 1 shall take place in the context of complex and large-scale investigations into migrant smuggling and trafficking in human beings requiring Europol’s support, including in the context of joint investigation teams or operational task forces.

Or. en

Justification

It is not part of Europol’s mandate to strenghten controls at external borders.This amendment to the Europol Regulation is meant to address the prevention, detection and investigation of migrant smuggling and trafficking in human beings. It is not a fundamental overhaul of the Europol Regulation. Regulating the deployment of operational staff in third countries is beyond the scope of this Regulation.

Amendment 291

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 2

Text proposed by the CommissionAmendment
2. Europol deployment for operational support shall take place in the context of complex and large-scale investigations requiring Europol’s support, including in the context of joint investigation teams or operational task forces, or to support checks against relevant databases to strengthen controls at the Union’s external borders, or migration management support teams in accordance with Regulation (EU) 2019/1896 of the European Parliament and of the Council or to provide support to Member States in major international events.2. Europol deployment for operational support shall take place only in the context of complex and large-scale investigations requiring Europol’s support and under the request by a Member State in accordance to paragraph 1, including in the context of joint investigation teams. With the involvement of the EDPS, Europol tasks and responsibilities shall be clearly defined before any deployment of Europol’s staff for operational support takes place. Europol deployment for operational support shall ensure compliance with this Regulation and avoid overlaps with other EU agencies. In cases of misconduct of Europol’s staff during deployments, national reporting and monitoring mechanisms shall also apply.

Or. en

Amendment 292

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 3

Text proposed by the CommissionAmendment
3. The Executive Director shall evaluate the request made by a Member State in accordance with paragraph 1 and may approve the Europol deployment for operational support for a limited period of time that can be renewed, considering the operational needs and its available resources. The decision of the Executive Director shall be based on a risk assessment.deleted

Or. fr

Justification

Same as for previous amendment.

Amendment 293

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 3

Text proposed by the CommissionAmendment
3. The Executive Director shall evaluate the request made by a Member State in accordance with paragraph 1 and may approve the Europol deployment for operational support for a limited period of time that can be renewed, considering the operational needs and its available resources. The decision of the Executive Director shall be based on a risk assessment.deleted

Or. en

Amendment 294

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz, Ana Catarina Mendes

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 3

Text proposed by the CommissionAmendment
3. The Executive Director shall evaluate the request made by a Member State in accordance with paragraph 1 and may approve the Europol deployment for operational support for a limited period of time that can be renewed, considering the operational needs and its available resources. The decision of the Executive Director shall be based on a risk assessment.3. The Executive Director shall evaluate the request made by a Member State in accordance with paragraph 1. Prior to taking a decision on the request, the Executive Director shall seek advice from the Fundamental Rights Officer in accordance with Article 41c(2)(a) on the implications of the deployment on fundamental rights. The Executive Director may approve the Europol deployment for operational support for a limited period of time that can be renewed, considering the operational needs and its available resources. The decision of the Executive Director shall be based on a risk assessment.

Or. en

Amendment 295

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 4

Text proposed by the CommissionAmendment
4. Once the Executive Director has approved the request made by a Member State in accordance with paragraph 1, that Member State and Europol shall jointly agree on the modalities of the Europol deployment for operational support. Europol staff and seconded national experts deployed in the Member State shall operate in accordance with this Regulation, notably Article 4(5), and in accordance with the national law of the Member State in whose territory the deployment takes place.deleted

Or. en

Amendment 296

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 5

Text proposed by the CommissionAmendment
5. In exceptional cases of urgency requiring immediate Europol deployment for operational support in the territory of a Member State, that Member State and the Executive Director shall ensure that the steps set out in paragraphs 1, 3 and 4 take place within a period of 72 hours.deleted

Or. en

Amendment 297

Verena Mertens

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 6

Text proposed by the CommissionAmendment
6. Europol shall set up a reserve pool of Member States’ experts for the purpose of Europol deployments for operational support. The reserve pool shall constitute a reserve of experts working in their Member States that can be placed at the immediate disposal of Europol for that purpose. The Member States shall ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support at the request of Europol.6. Europol shall set up a mandatory reserve pool of Member States’ experts for the purpose of Europol deployments for operational support. The reserve pool shall constitute a reserve of experts working in their Member States that can be placed at the immediate disposal of Europol for that purpose. The modalities regarding the availability, command structure, duration, and location of deployment of the experts shall be specified in an implementing act adopted by the Commission in accordance with Article 61(2) of Regulation (EU) 2016/794, and in line with Europol’s operational guidelines and standard operating procedures (SOPs). The Member States shall ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support at the request of Europol, in accordance with the principle of fair sharing of responsibility, ensuring that each Member State contributes fairly while maintaining the necessary resources to fulfil its national responsibilities. To the greatest extent possible, the composition of the reserve pool shall be both geographically balanced and proportionate to the capacities of each Member State.

Or. en

Amendment 298

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 6

Text proposed by the CommissionAmendment
6. Europol shall set up a reserve pool of Member States’ experts for the purpose of Europol deployments for operational support. The reserve pool shall constitute a reserve of experts working in their Member States that can be placed at the immediate disposal of Europol for that purpose. The Member States shall ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support at the request of Europol.6. Europol may set up a reserve pool of Member States’ experts for the purpose of Europol deployments for operational support in accordance to this Article.

Or. en

Amendment 299

Matthieu Valet, Fabrice Leggeri, András László, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 6

Text proposed by the CommissionAmendment
6. Europol shall set up a reserve pool of Member States’ experts for the purpose of Europol deployments for operational support. The reserve pool shall constitute a reserve of experts working in their Member States that can be placed at the immediate disposal of Europol for that purpose. The Member States shall ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support at the request of Europol.6. Europol shall set up a reserve pool of Member States’ volunteer experts for the purpose of Europol deployments for operational support. The reserve pool shall constitute a reserve of experts working in their Member States that can be placed rapidly at the disposal of Europol for that purpose. The Member States shall ensure, in the light of the resources available to them and domestic circumstances at the time, that their experts are available to take part, as seconded national experts, in Europol deployments for operational support at the request of Europol.

Or. fr

Amendment 300

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz, Ana Catarina Mendes

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 6

Text proposed by the CommissionAmendment
6. Europol shall set up a reserve pool of Member States’ experts for the purpose of Europol deployments for operational support. The reserve pool shall constitute a reserve of experts working in their Member States that can be placed at the immediate disposal of Europol for that purpose. The Member States shall ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support at the request of Europol.6. Europol shall set up a reserve pool of Member States’ experts for the purpose of Europol deployments for operational support for the prevention, detection and investigation of migrant smuggling and trafficking in human beings. The reserve pool shall constitute a reserve of experts working in their Member States that can be placed at the immediate disposal of Europol for that purpose.

Or. en

Justification

A reserve pool established under this amendment should be limited to the stated aim of the proposal - namely tackling migrant smuggling and trafficking in human beings. Furthermore, it is not clear that all Member States have sufficient national experts to fulfill this obligation without undermining their national work.

Amendment 301

Ilaria Salis

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 6

Text proposed by the CommissionAmendment
6. Europol shall set up a reserve pool of Member States’ experts for the purpose of Europol deployments for operational support. The reserve pool shall constitute a reserve of experts working in their Member States that can be placed at the immediate disposal of Europol for that purpose. The Member States shall ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support at the request of Europol.6. Europol may set up a reserve pool of Member States’ experts for the purpose of Europol deployments for operational support. The reserve pool shall constitute a reserve of experts working in their Member States that can be placed at the disposal of Europol for that purpose. The Member States taking part in the reserve pool shall ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support at the request of Europol.

Or. en

Amendment 302

Ilaria Salis

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 7

Text proposed by the CommissionAmendment
7. The Member State in whose territory the Europol deployment for operational support takes place shall, in accordance with the agreed modalities referred to in paragraph 4:deleted
(a) provide all relevant information without delay to Europol, where possible by making information in national databases directly accessible to the Europol staff and seconded national experts deployed in its territory in accordance with its national law;
(b) make use of the analytical, operational, technical and forensic support provided by the Europol staff deployed in its territory;
(c) enable the Europol staff and seconded national experts deployed in its territory to be present during the execution of investigative measures.

Or. en

Justification

This should be agreed in the modalities to be agreed upon in paragraph 4.

Amendment 303

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 7 – introductory part

Text proposed by the CommissionAmendment
7. The Member State in whose territory the Europol deployment for operational support takes place shall, in accordance with the agreed modalities referred to in paragraph 4:7. The Member State in whose territory the Europol deployment for operational support takes place shall, in accordance with the implementing rules referred to in paragraph 9:

Or. en

Amendment 304

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 7 – point a

Text proposed by the CommissionAmendment
(a) provide all relevant information without delay to Europol, where possible by making information in national databases directly accessible to the Europol staff and seconded national experts deployed in its territory in accordance with its national law;(a) provide all relevant necessary, proportionate high-quality information without delay to Europol, where possible by making information in national databases accessible to the Europol staff and seconded national experts deployed in its territory in accordance with paragraph 1 of this Article;

Or. en

Amendment 305

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 8

Text proposed by the CommissionAmendment
8. The Executive Director may propose the Europol deployment for operational support in the territory of a Member State to the competent authorities of that Member State via its national unit where the Executive Director considers it would add value to preventing or combating a crime falling within the scope of Europol’s objectives.deleted

Or. en

Amendment 306

Ilaria Salis

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 8

Text proposed by the CommissionAmendment
8. The Executive Director may propose the Europol deployment for operational support in the territory of a Member State to the competent authorities of that Member State via its national unit where the Executive Director considers it would add value to preventing or combating a crime falling within the scope of Europol’s objectives.deleted

Or. en

Justification

Article 6 of the current Europol Regulation is sufficient.

Amendment 307

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 8

Text proposed by the CommissionAmendment
8. The Executive Director may propose the Europol deployment for operational support in the territory of a Member State to the competent authorities of that Member State via its national unit where the Executive Director considers it would add value to preventing or combating a crime falling within the scope of Europol’s objectives.8. The Executive Director may propose – in accordance with the implementing rules adopted by the Management Board pursuant to paragraph 10 - Europol deployment for operational support in the territory of a Member State to the competent authorities of that Member State via its national unit where the Executive Director considers it would add value to preventing or combating a crime falling within the scope of Europol’s objectives.

Or. en

Justification

As paragraph 10 provides the rules for preparing a deployment, the ED should follow those rules when proposing to a MS that the Agency deploy in that MS.

Amendment 308

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 9

Text proposed by the CommissionAmendment
9. The Management Board shall adopt implementing rules for the preparation and implementation of Europol deployments for operational support, including on the number and profiles of experts to be included in the reserve pool and any subsequent changes thereto.9. The Management Board, with the involvement of the DPO, the FRO and the EDPS, shall adopt implementing rules for the preparation and implementation of Europol deployments for operational support, including on the number and profiles of experts to be included in the reserve pool and any subsequent changes thereto. The JPSG shall be informed about the implementing rules for Europol deployment for operational support and any subsequent changes thereof.

Or. en

Amendment 309

Jeroen Lenaers

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 9

Text proposed by the CommissionAmendment
9. The Management Board shall adopt implementing rules for the preparation and implementation of Europol deployments for operational support, including on the number and profiles of experts to be included in the reserve pool and any subsequent changes thereto.9. Upon a proposal from the Executive Director, the Management Board shall adopt implementing rules for the preparation and implementation of Europol deployments for operational support, including on the number and profiles of experts to be included in the reserve pool and any subsequent changes thereto, and on the allocation of responsibilities of deployed officers in relation to the competent authorities of the hosting Member State.

Or. en

Amendment 310

Matthieu Valet, Fabrice Leggeri, António Tânger Corrêa, Alexandre Varaut

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 9

Text proposed by the CommissionAmendment
9. The Management Board shall adopt implementing rules for the preparation and implementation of Europol deployments for operational support, including on the number and profiles of experts to be included in the reserve pool and any subsequent changes thereto.9. On a proposal by the Executive Director, the Management Board shall adopt implementing rules for the preparation and implementation of Europol deployments for operational support, including on the number and profiles of experts to be included in the reserve pool and any subsequent changes thereto.

Or. fr

Amendment 311

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 10

Text proposed by the CommissionAmendment
10. This Article shall apply mutatis mutandis where Europol deployment for operational support takes place in a third country as referred to in Article 25(1), point (a), (b) or (c).deleted
___________
* Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/1896/oj).;

Or. en

Justification

Article 25(1)(a), (b), (c) do not provide for the deployment of Europol officers to third countries. If deployment to third countries is to be codified then this should be done through the substantive review of the Agency’s mandate and not through the addition of provisions on migrant smuggling and trafficking in human beings.

Amendment 312

Ilaria Salis

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 10

Text proposed by the CommissionAmendment
This Article shall apply mutatis mutandis where Europol deployment for operational support takes place in a third country as referred to in Article 25(1), point (a), (b) or (c).deleted

Or. en

Justification

Consequential deletion related to cooperation with third countries.

Amendment 313

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b – paragraph 10

Text proposed by the CommissionAmendment
This Article shall apply mutatis mutandis where Europol deployment for operational support takes place in a third country as referred to in Article 25(1), point (a), (b) or (c).In accordance with the Treaties, Europol deployment for operational support shall not take place in third countries.

Or. en

Amendment 314

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 3

Regulation (EU) 2016/794

Article 5b a (new)

Text proposed by the CommissionAmendment
10 a. Article 5ba - Safeguards for the processing of biometric data
1. Europol shall ensure that any processing of biometric data for the purpose of law enforcement takes full account of the fundamental rights and freedoms enshrined in the Charter and be compliant with the EU data protection framework, in particular, the general principles and obligations laid down in Chapter IX of Regulation 2018/1725, including the principle of strict necessity, proportionality, purpose specification, accuracy, data minimisation and data quality.
2. For the purpose of paragraph 1 and in order to guarantee the appropriate safeguards in the processing of biometric data, clear binding rules providing for appropriate safeguards should be implemented.
3. By January 2026, the DPO and the FRO, with the involvement of the EDPS and the JPSG, shall develop and maintain an ethical framework and a mechanism to establish the procedures for carrying out systematic strict necessity tests, data quality controls and ex-ante fundamental rights impact assessments in the processing of biometric data. Such mechanism shall include minimum standards and thresholds for data quality and quality checks, data protection by design and by default referred to in Article 85 of Regulation (EU) 2018/1725 is guaranteed, and be guided by the ethical principles of transparency, explainability, fairness, accountability and responsibility. This shall apply not only to the collection and further internal processing of biometric data by Europol but also to the dissemination of biometric data to Member States as well as to the cooperation with external contractors.
4. In order to guarantee humanitarian assistance and access to justice, Member States shall take the necessary measures to ensure that third-country nationals, irrespective of their residence status, are able to report acts which may constitute a criminal offence. With due regard to the fact that reporting an act which may constitute a criminal offence and participating in criminal proceeding under this Regulation does not create any rights regarding the residence status of the victim, or have any suspensive effect when determining their residence status, Member States shall ensure that the competent authorities coming in contact with third-country national reporting acts which may constitute a criminal offence are prohibited from transferring and using personal data pertaining to their residence status victim to competent migration authorities,
5. The Commission should be empowered to endorse the ethical framework and mechanism referred to paragraph 3 of this Article by means of delegated acts pursuant to Article 290 TFEU in order to give them binding legal effect.
6. In order to ensure that the outcomes of the processing of biometric data do not undermine the fundamental rights and freedoms enshrined in the Charter, are not discriminatory in any form or contribute to mass surveillance, the DPO and the FRO, with the involvement of the EDPS and the JPSG, may implement additional safeguards for the processing of biometric data as means to ensure more democratic control with the appropriate checks and balances. The safeguards shall be adapted to the risks involved and to the rights and freedoms to be protected. Where necessary, the DPO and the FRO, with the involvement of the EDPS and the JPSG, may carry out independent audits or independent fundamental rights and data protection impact assessments. The appointment of the independent experts shall follow an open and transparent procedure. For the purpose of this paragraph, an oversight committee may be set up.
7. Cooperation between Europol and Frontex shall be limited to the exchange of information in line with their respective legal frameworks and shall not include biometric data. Transfers of personal data between Europol and Frontex shall be in compliance with Regulation (EU) 2018/1725. Under no circumstances, the cooperation between Europol and the European Border and Coast Guard Agency shall go beyond Regulation (EU) 2019/1896. Any working arrangement between Europol and Frontex shall be in line with the respective legal frameworks of the agencies and comply with the EU data protection framework.
8. The DPO and the FRO, with the involvement of the EDPS, shall monitor the compliance of the principles in accordance to this Article and shall provide a regular report to the European Parliament, the JPSG, the Council and the Commission covering the issues encountered.

Or. en

Amendment 315

Jeroen Lenaers

Proposal for a regulation

Article 9 – paragraph 1 – point 3 a (new)

Regulation (EU) 2016/794

Section 2 a (new) – Article 16 a (new)

Text proposed by the CommissionAmendment
(3 a) the following Section is inserted:
"Section 2a
European Centre Against Migrant Smuggling
Article 16a
Tasks and composition of the European Centre Against Migrant Smuggling
1. The European Centre Against Migrant Smuggling shall be established within Europol as a Union centre of specialised expertise. It shall support Member States in the prevention and combating of migrant smuggling and trafficking in human beings by carrying out operational and strategic tasks. Those tasks shall include coordinating, organising and implementing investigative and operational actions, and supporting Member States’ cross-border information exchange activities, operations and investigations, as well as joint investigation teams and operational task forces. It shall also include monitoring migrant smuggling and trafficking in human beings taking place in the Union and in third countries, and in identifying cases of migrant smuggling and trafficking in human beings that may require cooperation with third countries, including by exchanging personal data. It shall support in the identification of victims of trafficking or other vulnerable persons, such as unaccompanied minors. The European Centre Against Migrant Smuggling shall also provide strategic analyses and threat assessments on migrant smuggling and on trafficking in human beings, and an annual report identifying the main operational priorities and possible related actions at Union level.
2. Europol shall provide the European Centre Against Migrant Smuggling with adequate resources to fulfil its tasks.
3. The European Centre Against Migrant Smuggling shall be composed of Europol staff and representatives of the following entities:
(a) a representative of each Member State appointed from a national specialised service, within the competent authorities, responsible for the prevention and combating of migrant smuggling and trafficking in human beings, as referred to in Article 8a;
(b) a permanent representative of Eurojust;
(c) a permanent representative of the European Border and Coast Guard Agency;
Europol may invite other participants to be involved in carrying out activities of the European Centre Against Migrant Smuggling.
4. Upon a proposal from the Executive Director, after having consulted with the entities listed in paragraph 3, points (a), (b), and (c), the Management Board shall adopt implementing rules for the European Centre Against Migrant Smuggling, including on the types of operational and strategic tasks to be carried out, and on the participation of the representatives and invited participants listed in paragraph 3. Union bodies or agencies, including those referred to in paragraph 3 that are participating in the activities of the European Centre Against Migrant Smuggling shall do so in accordance with their respective legal frameworks."

Or. en

Amendment 316

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 9 – paragraph 1 – point 3 a (new)

Regulation (EU) 2016/794

Section 2 a (new) – Article 16 a (new)

Text proposed by the CommissionAmendment
(3 a) Section 2a
European Centre Against Migrant Smuggling
Article 16a
1. The European Centre Against Migrant Smuggling is established within Europol as a Union centre of specialised expertise. It shall support Member States in the prevention and combating of migrant smuggling and trafficking in human beings.
2. The European Centre Against Migrant Smuggling shall be composed of Europol staff and involve representatives of the following entities carrying out the strategic tasks:
(a) a representative of each Member State, from a national specialised service referred to in Article 7;
(b) a representative of Eurojust;
(c) a representative of the European Border and Coast Guard Agency;
(d) at the discretion of Europol and, after consultation of the Member States, one or more representatives involved in the operational implementation of the strategic and operational priorities of the Union for combating migrant smuggling and trafficking in human beings, in particular in the European Multidisciplinary Platform Against Criminal Threats (EMPACT).
3. The European Centre Against Migrant Smuggling shall be composed of Europol staff and involve representatives of the following entities carrying out the operational tasks:
(a) for each Member State a liaison officer referred to in Article 8 of this Regulation specifically designated to deal with migrant smuggling, provided that a representative is available in the Member state;
(b) a liaison officer of Eurojust as a permanent representative at Europol;
(c) a liaison officer of the European Border and Coast Guard Agency as a permanent representative at Europol.
Europol may invite other entities to be involved in carrying out the activities referred to in Article 6, including other relevant Union bodies or agencies.
4. For the purposes of paragraph 2 of this Article, Eurojust shall deploy a liaison officer, acting in accordance with that Regulation, to the European Centre Against Migrant Smuggling.
5. For the purposes of paragraph 2 of this Article as well as Article 68(1), point (b), Article 87(1), point (d) and Article 90 of Regulation (EU) 2019/1896, and in accordance with Article 68(2) and (5) of that Regulation, the European Border and Coast Guard Agency shall deploy a liaison officer, acting in accordance with that Regulation, to the European Centre Against Migrant Smuggling.
6. For the purposes of paragraphs 1 and 2, the European Centre Against Migrant Smuggling shall be provided with the necessary support by all other relevant parts of Europol’s internal structures.

Or. en

Amendment 317

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 9 – paragraph 1 – point 3 b (new)

Regulation (EU) 2016/794

Section 2 a (new) – article 16 b (new)

Text proposed by the CommissionAmendment
(3 b) Article 16b
1. The strategic tasks of the European Centre Against Migrant Smuggling shall be the following:
(a) providing strategic analyses and threat assessments to assist the Council and the Commission in laying down strategic and operational priorities of the Union for the prevention and combating of migrant smuggling and trafficking in human beings, in accordance with Article 4(2) of this Regulation;
(b) providing a framework to support the operational implementation of the strategic and operational priorities of the Union for the prevention and combating of migrant smuggling and trafficking in human beings, in particular in the framework of the EMPACT, in accordance with Article 4(2) of this Regulation;
(c) supporting the coordination, cooperation and exchange of information on migrant smuggling and trafficking in human beings between Union agencies, notably with the European Border and Coast Guard Agency, Eurojust and, where appropriate, other relevant Union bodies or agencies, in line with their respective legal frameworks and mandates, including through working arrangements between them, in accordance with Article 4(1), point (j), of this Regulation;
(d) regularly providing information to the Member States and the Commission, including aggregated statistical data and situational updates derived from information shared by Member States;
(e) providing strategic analyses and threat assessments to support the implementation of operational task forces referred to in Article 5a of this regulation and Europol deployments for operational support referred to in Article 5b of this Regulation, in accordance with Article 4(1), point (f), of this Regulation;
(f) providing strategic analyses and threat assessments to Member States and the Commission as well as relevant Union agencies or bodies, where appropriate, on the prevention and combating of migrant smuggling and trafficking in human beings, while ensuring that vulnerable individuals are not inadvertently affected by or drawn into these efforts, in accordance with Article 4(1), point (f), of this Regulation;
(g) providing strategic analyses and threat assessments to Member States and the Commission as well as relevant Union agencies or bodies, where appropriate, on routes and modi operandi of migrant smuggling and trafficking in human beings, including on indications that vulnerable individuals fall victims to these practices while ensuring that vulnerable individuals are not inadvertently affected by or drawn into these efforts, and that private parties may be used for migrant smuggling and trafficking in human beings in accordance with Article 4(1), point (f), of this Regulation;
(h) preparing an annual report on migrant smuggling and on trafficking in human beings, identifying the main operational priorities and possible related actions at Union level, in accordance with Article 4(1), point (f), of this Regulation.

Or. en

Justification

The deleted text in (d) suggested a monitoring of irregular migration by Europol. This is rather a task for Frontex. Irregular migration is not a crime, it is often a reaction to situations in third countries. Europol should focus on preventing, detecting and investigating the criminal smuggling networks from profiting from the misery of others. (f) has been deleted as it was too vague, (g) and (h) have been merged.

Amendment 318

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 9 – paragraph 1 – point 3 c (new)

Regulation (EU) 2016/794

Section 2 a (new) – Article 16 c (new)

Text proposed by the CommissionAmendment
(3 c) Article 16c
1. The operational tasks of the European Centre Against Migrant Smuggling shall be the following:
(a) coordinating, organising and implementing investigative and operational actions to support and strengthen actions by the competent authorities of the Member States in preventing, detecting and investigating and combating migrant smuggling and trafficking in human beings, including in the context of Europol deployments for operational support, in accordance with Article 4(1), points (c) and (m), of this Regulation;
(b) supporting Member States’ cross-border information exchange activities, operations and investigations, as well as joint investigation teams and operational task forces, on migrant smuggling and trafficking in human beings, including by providing analytical, operational, technical, forensic and financial support, in accordance with Article 4(1), point (h), of this Regulation;
(c) providing administrative, logistical, financial and operational support to operational activities led by Member States, in particular in the framework of EMPACT, in accordance with Article 4(2) of this Regulation;
(d) supporting the Europol Executive Director in evaluating, in accordance with Article 5b(3) this Regulation, requests made by Member States for Europol deployments for operational support related to migrant smuggling and trafficking in human beings, including in the prioritisation of such requests based on operational needs;
(e) identifying cases of migrant smuggling and trafficking in human beings that may require the application of Article 6 of this Regulation on requests by Europol for the initiation of a criminal investigation and informing the Europol Executive Director of such cases;
(f) identifying cases of migrant smuggling and trafficking in human beings that may require involvement of judicial authority, and informing Eurojust of such cases;
(h) identifying cases of migrant smuggling and trafficking in human beings that may require cooperation with third countries, including by exchanging personal data, provided that the exchange of personal data is necessary and proportionate and in accordance with Article 25 of this Regulation.

Or. en

Justification

The provisions (e) and (f) from the Commission proposal seem to suggest the Europol Centre Against Migrant Smuggling should seek to identify work for Europol. That is not the purpose of the Agency. The Agency’s purpose in accordance of Art 1 of the Regulation is to support cooperation among law enforcement authorities in the Union.

Amendment 319

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 4

Regulation (EU) 2016/794

New article 5d

Text proposed by the CommissionAmendment
(-d) Article 5d - Delegated Acts
1. The power to adopt delegated acts pursuant to Article 290 TFEU is conferred on the Commission subject to the conditions laid down in this Article.
2. The delegation of power referred to in Article 5c may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
3. Before adopting a delegated act, the Commission shall carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as experts.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to Article 5c shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Or. en

Amendment 320

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 4

Regulation (EU) 2016/794

New article 5d

Text proposed by the CommissionAmendment
(-d a) Article 5d - Representation of data subjects
In accordance with Member State procedural law, the data subject shall be able to have the right to mandate a not-for-profit body, organisation or association which has been properly constituted in accordance with Member State law, has statutory objectives which are in the public interest and is active in the field of protection of data subject's rights and freedoms with regard to the protection of their personal data, to lodge the complaint on his or her behalf.

Or. en

Amendment 321

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 4

Regulation (EU) 2016/794

New Article 5e

Text proposed by the CommissionAmendment
(-d b) Article 5e - Appointment of the Executive Director and the Deputy Executive Directors
1. The European Parliament and the Council shall appoint the Executive Director and the Deputy Executive Directors by common accord for a term of five years, on the basis of a list drawn up by the Commission following a public call for candidates. The call for candidates shall enable all interested parties throughout the Union to submit their applications. The list of candidates drawn up by the Commission shall be public and shall consist of at least three candidates. On the basis of the list drawn up by the Commission, the competent committee of the European Parliament may decide to hold a hearing in order to enable it to express a preference.
2. The list of candidates referred to in paragraph 1 shall be made up of persons whose independence is beyond doubt and who are acknowledged as having expert knowledge and the experience and skills required to perform the duties pursuant to this Regulation.
3. The term of office of the Executive Director and of the Deputy Executive Directors shall be renewable once.
4. The Executive Director or the Deputy Executive Directors may be dismissed or deprived of his or her right to a pension or other benefits in his or her stead by the management board at the request of the European Parliament, the Council or the Commission, if he or she no longer fulfils the conditions required for the performance of his or her duties or if he or she is guilty of serious misconduct.
5. In the event of normal replacement or voluntary resignation, the Executive Director or the Deputy Executive Directors shall nevertheless remain in office until he or she has been replaced.

Or. en

Amendment 322

Saskia Bricmont

Proposal for a regulation

Article 9 – paragraph 1 – point 4

Regulation (EU) 2016/794

Article 18 – paragraph 2 – point d

Text proposed by the CommissionAmendment
(d) facilitating, including through SIENA, the exchange of information between Member States, Europol, other Union bodies, third countries, international organisations and private parties;;(d) facilitating the exchange of information between Member States, Europol, other Union bodies, third countries, international organisations and private parties;

Or. en

Amendment 323

Verena Mertens

Proposal for a regulation

Article 9 – paragraph 1 – point 4 a (new)

Regulation (EU) 2016/794

Article 63 a (new)

Text proposed by the CommissionAmendment
(4 a) (4 a) the following Article is inserted:
Article 63a
Witness testimony by Europol staff
The Executive Director shall decide upon the authorisation for Europol staff to testify before a court of a Member State as a witness. The authorisation to testify shall not be unduly withheld, and, depending on the circumstances, the Executive Director may define conditions for the testimony, in accordance with national law. In this context, any special need for protection on the part of the witness must be taken into account. This applies in particular if there is an urgent risk of serious prejudice to the welfare of the witness or of harm to the European Union or a Member State. In these cases, a hearing separate from those entitled to be present or an audiovisual hearing, if necessary with the identity of the witness concealed, must be considered and, if necessary, ordered. These provisions also apply to staff formerly employed by Europol.'

Or. en

Amendment 324

Thijs Reuten, Cecilia Strada, Murielle Laurent, Alessandro Zan, Emma Rafowicz

Proposal for a regulation

Article 9 – paragraph 1 – point 4 a (new)

Regulation (EU) 2016/794

Article 18 – paragraph 2 – point f a (new)

Text proposed by the CommissionAmendment
(4 a) in Article 18(2), the following point is added:
(fa) Biometric data may be processed only when strictly necessary and proportionate to the objective pursued and in compliance with Article 30 of this Regulation and with Directive (EU) 2016/680.

Or. en

Amendment 325

Jeroen Lenaers

Proposal for a regulation

Article 9 – paragraph 1 – point 4 a (new)

Regulation (EU) 2016/794

Article 41c – paragraph 2 – point b

Text proposed by the CommissionAmendment
(4 a) In Article 41c(2), point b is replaced by the following:
(b) monitor Europol’s compliance with fundamental rights, including in the context of Operational Task Forces and Europol deployments for operational support;

Or. en

Amendment 326

Ilaria Salis

Proposal for a regulation

Article 9 – paragraph 1 – point 5 – point a

Regulation (EU) 2016/794

Annex I – indent 6

Text proposed by the CommissionAmendment
- migrant smuggling;- exploitative forms of migrant smuggling;

Or. en