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

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

LIBE-PR-768042

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

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The draft report proposes amendments to the Commission proposal on enhancing police cooperation against migrant smuggling and trafficking in human beings. It deletes the self-standing regulation and repositions provisions as amendments to the Europol Regulation (EU) 2016/794. It establishes the European Centre Against Migrant Smuggling within Europol, sets up a mandatory reserve pool of experts, and allows operational task forces and Europol deployments in member states and third countries. Member states must designate specialised services, connect them and immigration liaison officers to SIENA, and share information on such crimes with Europol and other member states. It also harmonises staff terms, liability rules, and witness testimony provisions with other EU agencies, and extends the Executive Director's term to five years.

Committee position. The rapporteur proposes to amend the Commission proposal by deleting the self-standing regulation and repositioning provisions as amendments to the Europol Regulation, simplifying the structure and enhancing flexibility.

Key points

  1. Deletes the self-standing regulation and instead amends Regulation (EU) 2016/794 to strengthen Europol's support and police cooperation against migrant smuggling and trafficking in human beings.
  2. Establishes the European Centre Against Migrant Smuggling within Europol to carry out operational and strategic tasks, including coordinating investigations and providing threat assessments.
  3. Requires member states to designate specialised services for countering migrant smuggling and trafficking, connect them to SIENA, and share relevant information with Europol and other member states.
  4. Allows Europol deployments for operational support in member states and third countries, upon request or proposal, with the Executive Director's authorisation.
  5. Sets up a mandatory reserve pool of member states' experts for Europol deployments, with fair sharing of responsibility and geographically balanced composition.
  6. Allows operational task forces to be set up with Europol support, with implementing rules adopted by the Management Board based on the Executive Director's proposal.
  7. Clarifies that Europol can cooperate with competent authorities to counter the online dimension of migrant smuggling and trafficking, including online facilitation or public instigation.
  8. Includes processing of biometric data, such as dactyloscopic data, facial images and DNA profiles, as part of Europol's tasks.
  9. Harmonises the term of office of the Executive Director and Deputy Directors to five years, extendable once for up to five more years.
  10. Makes Europol liable for unauthorised or incorrect data processing and grants individuals the right to compensation, with complaints heard by the Court of Justice.
  11. Allows Europol staff to testify as witnesses in national courts, with authorisation from the Executive Director, which shall not be unduly withheld.
  12. Provides transitional arrangements to extend contracts of certain staff and Executive Management to a maximum of ten years of service.

Who is affected

  • Member states: must designate specialised services, connect them and immigration liaison officers to SIENA, and contribute experts to the reserve pool.
  • Europol: gains new tasks, including the European Centre Against Migrant Smuggling, and faces liability for data processing.
  • Europol staff and Executive Management: benefit from extended terms and clarified witness testimony rules.
  • Third countries: may host Europol deployments for operational support upon request.

Figures and deadlines

  • One year after entry into force for member states to designate specialised services and connect them to SIENA.
  • Ten years maximum fixed contract duration for staff in establishment plan posts.
  • Five years term of office for the Executive Director, extendable once for no more than five years.

Legal basis: Article 85(1), Article 87(2) and Article 88(2) TFEU