Procedure : 2013/0256(COD)
Document stages in plenary
Document selected : A8-0320/2017

Texts tabled :

A8-0320/2017

Debates :

PV 03/10/2018 - 15
CRE 03/10/2018 - 15

Votes :

PV 04/10/2018 - 7.5
Explanations of votes

Texts adopted :

P8_TA(2018)0379

REPORT     ***I
PDF 1412kWORD 219k
20.10.2017
PE 606.167v03-00 A8-0320/2017

on the proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Criminal Justice Cooperation (Eurojust)

(COM(2013)0535 – C7‑0240/2013 – 2013/0256(COD))

Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Axel Voss

ERRATA/ADDENDA
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Budgetary Control
 OPINION of the Committee on Legal Affairs
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Criminal Justice Cooperation (Eurojust)

(COM(2013)0535 – C8‑0240/2013 – 2013/0256(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0535),

–  having regard to Article 294(2) and Article 85 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0240/2013),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the German Bundestag, the Spanish Parliament, the Italian Senate, the Netherlands Senate, the Polish Senate, the Portuguese Parliament and the Romanian Chamber of Deputies,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Budgetary Control and the Committee on Legal Affairs (A8-0320/2017),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4)  Since the European Public Prosecutor's Office should be established from Eurojust, this Regulation includes the provisions necessary to regulate the relations between Eurojust and the European Public Prosecutor's Office.

(4)  As the European Public Prosecutor’s Office is established by enhanced cooperation, the Regulation implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office is binding in its entirety and only directly applicable to Member States that participate in enhanced cooperation. Therefore, for those Member States not participating in the European Public Prosecutor’s Office, Eurojust remains fully competent for forms of serious crime listed in Annex I to this Regulation.

Amendment    2

Proposal for a regulation

Recital 4 a (new)

 

Text proposed by the Commission

Amendment

 

(4a)  Article 4 of the Treaty provides for principle of sincere cooperation when the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties.

Amendment    3

Proposal for a regulation

Recital 4 b (new)

 

Text proposed by the Commission

Amendment

 

(4b)  In order to facilitate the cooperation of Eurojust and European Public Prosecutor´s Office, the college should address the issues of relevance for the EPPO on the regular basis.

Amendment    4

Proposal for a regulation

Recital 5

 

Text proposed by the Commission

Amendment

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

(5)  Considering the creation of the European Public Prosecutor’s Office by means of an enhanced cooperation, the division of competences between that Office and Eurojust with respect to crimes affecting the financial interests of the Union needs to be clearly established.

 

From the date EPPO assumes its tasks, with regard to crime for which the EPPO is competent, Eurojust should be able to exercise its competence in such cases where they involve both Member States participating in enhanced cooperation on the establishment of the European Public Prosecutor’s Office and Members States which do not. In such cases, Eurojust should act at the request of those non participating Member States or at the request of the European Public Prosecutor’s Office. Eurojust remains in any case competent for offences affecting the financial interest of the Union whenever the European Public Prosecutor’s Office is not competent or, being competent, does not exercise its competence. The Members States which

do not participate in enhanced cooperation on the establishment of the European Public Prosecutor’s Office may continue to request Eurojust’s support in all cases regarding offences affecting the financial interest of the Union.

 

The European Public Prosecutor’s Office and Eurojust should develop close operational cooperation in line with their respective mandates.

Amendment    5

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission

Amendment

 

(6a)  The evaluation of Council Decision 2002/187/JHA and the activities carried out by Eurojust (final report of 30 June 2015) should also be taken into account.

Amendment    6

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8)  This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.

(8)  This Regulation fully respects the fundamental rights and freedoms and fully safeguards the principles recognised in particular by the Charter of Fundamental Rights of the European Union.

Amendment    7

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9)  The forms of serious crime affecting two or more Member States for which Eurojust is competent should be laid down. In addition, cases which do not involve two or more Member States, but which require a prosecution on common bases, should be defined. Such cases should include investigations and prosecutions affecting only one Member State and a third State, as well as cases affecting only one Member State and the Union.

(9)  The forms of serious crime affecting two or more Member States for which Eurojust is competent should be clearly laid down. In addition, cases which do not involve two or more Member States, but which require a prosecution on common bases, should be defined. Such cases should include investigations and prosecutions affecting only one Member State and a third State, as well as cases affecting only one Member State and the Union.

Amendment    8

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission

Amendment

 

(10a)  At the request of a Member State's competent authority or the Commission, it should also be possible for Eurojust to assist with investigations involving only that Member State but which have repercussions at Union level. Examples of such investigations include cases where a member of a Union institution or body is involved. Such investigations also cover cases which involve a significant number of Member States and could potentially require a coordinated European response.

Amendment    9

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11)  To ensure Eurojust can appropriately support and coordinate cross-border investigations, it is necessary that all national members have the same operational powers in order to cooperate between themselves and with national authorities in a more effective way. National members should be granted those powers that allow Eurojust to appropriately achieve its mission. These powers should include accessing relevant information in national public registers, issuing and executing mutual assistance and recognition requests, directly contacting and exchanging information with competent authorities, participating in joint investigation teams and, in agreement with the competent national authority or in case of urgency, ordering investigative measures and controlled deliveries.

(11)  To ensure Eurojust can appropriately support and coordinate cross-border investigations, it is necessary that all national members have the same operational powers in order to cooperate between themselves and with national authorities in a more coherent and effective way. National members should be granted those powers that allow Eurojust to appropriately achieve its mission. These powers should include accessing relevant information in national public registers, issuing and executing mutual assistance and recognition requests, directly contacting and exchanging information with competent authorities, participating in joint investigation teams and, in agreement with the competent national authority or in case of urgency, ordering investigative measures and controlled deliveries.

Amendment    10

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12)  It is necessary to provide Eurojust with an administrative and management structure that allows it to perform its tasks more effectively and respects the principles applicable to Union agencies whilst maintaining Eurojust’s special characteristics and safeguarding its independence in the exercise of its operational functions. To this end, the functions of the national members, the College and the Administrative Director should be clarified and an Executive Board established.

(12)  It is necessary to provide Eurojust with an administrative and management structure that allows it to perform its tasks more effectively, always in line with the Charter of Fundamental Rights of the European Union, and fully respects the principles applicable to Union agencies, as well as fundamenal rights and freedoms, as set out in the joint statement of the European Parliament, the Council and the Commission on decentralised agencies of the Union of 19 July 2012, whilst maintaining Eurojust’s special characteristics and safeguarding its independence in the exercise of its operational functions. To this end, the functions of the national members, the College and the Administrative Director should be clarified and an Executive Board established.

Amendment    11

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17)  The setting up of an On-Call Coordination (OCC) within Eurojust is necessary to make Eurojust available around the clock and to enable it to intervene in urgent cases. It should be the responsibility of each Member State to ensure that their representatives in the OCC are able to act on a 24-hour/7-day basis.

(17)  The setting up of an On-Call Coordination (OCC) within Eurojust is necessary to make Eurojust efficient and available around the clock and to enable it to intervene in urgent cases. Each Member State should ensure that their representatives in the OCC are able to act on a 24-hour/7-day basis.

Amendment    12

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18)  Eurojust national coordination systems should be set up in the Member States to coordinate the work carried out by the national correspondents for Eurojust, the national correspondent for Eurojust for terrorism matters, the national correspondent for the European Judicial Network and up to three other contact points, as well as representatives in the Network for Joint Investigation Teams and of the networks set up by Council Decision 2002/494/JHA of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes10, Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to crime11 and by Council Decision 2008/852/JHA of 24 October 2008 on a contact-point network against corruption12.

(18)  Eurojust national coordination systems should be set up in the Member States to coordinate the work carried out by the national correspondents for Eurojust, the national correspondent for Eurojust for terrorism matters, the national correspondent for Eurojust for issues relating to the competence of the European Public Prosecutor’s Office designated by the Member States that do not participate in the European Public Prosecutor’s Office, the national correspondent for the European Judicial Network and up to three other contact points, as well as representatives in the Network for Joint Investigation Teams and of the networks set up by Council Decision 2002/494/JHA of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes10, Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to crime11 and by Council Decision 2008/852/JHA of 24 October 2008 on a contact-point network against corruption12.

_________________

_________________

10 OJ L 167, 26.6.2002, p. 1

10 OJ L 167, 26.6.2002, p. 1

11 OJ L 332, 18.12.2007, p. 103.

11 OJ L 332, 18.12.2007, p. 103.

12 OJ L 301, 12.11.2008, p. 38.

12 OJ L 301, 12.11.2008, p. 38.

Justification

Given that not all Member States will participate in the European Public Prosecutor’s Office, a PFI correspondent should be appointed in those states to guarantee the highest possible level of protection for the European Union’s financial interests.

Amendment    13

Proposal for a regulation

Recital 19

 

Text proposed by the Commission

Amendment

(19)  For the purposes of stimulating and strengthening coordination and cooperation between national investigating and prosecuting authorities it is crucial that Eurojust receives relevant information from national authorities necessary for the performance of its tasks. To this end, national competent authorities should inform their national members of the setting up and results of joint investigation teams, of cases under the competence of Eurojust directly involving at least three Member States and for which requests or decisions on judicial cooperation have been transmitted to at least two Member States, as well as, under certain circumstances, information on conflicts of jurisdiction, controlled deliveries and repeated difficulties in judicial cooperation.

(19)  For the purposes of stimulating and strengthening coordination and cooperation between national investigating and prosecuting authorities it is crucial that Eurojust receives relevant information from national authorities necessary for the performance of its tasks. To this end, national competent authorities should be obliged, without undue delay, to inform their national members of the setting up and results of joint investigation teams, of cases under the competence of Eurojust directly involving at least two Member States and for which requests or decisions on judicial cooperation have been transmitted to at least two Member States, as well as, under certain circumstances, information on conflicts of jurisdiction, controlled deliveries and repeated difficulties in judicial cooperation.

Amendment    14

Proposal for a regulation

Recital 25 a (new)

Text proposed by the Commission

Amendment

 

(25a)  The European Public Prosecutor should have the right to participate in all Eurojust meetings provided that matters which the Prosecutor considers relevant to the functioning of the European Public Prosecutor’s Office are discussed.

Amendment    15

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26)  To enhance operational cooperation between Eurojust and Europol, and particularly to establish links between data already in the possession of either body, Eurojust should enable Europol to have access to and be able to search against data available at Eurojust.

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

Justification

Recital 26 of this Regulation should be aligned with Recital 28 of Regulation (EU) 2016/794.

Amendment    16

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27)  Eurojust should be able to exchange personal data with other Union bodies to the extent necessary for the accomplishment of its tasks.

(27)  Eurojust should be able to exchange personal data with other Union bodies to the extent necessary for the accomplishment of its tasks with full respect for the protection of privacy and fundamental rights and freedoms.

Amendment    17

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28)  Provision should be made for Eurojust to post liaison magistrates to third countries in order to achieve objectives similar to those assigned to liaison magistrates seconded by the Member States on the basis of Council Joint Action 96/277/JHA of 22 April 1996 concerning a framework for the exchange of liaison magistrates to improve judicial cooperation between the Member States of the European Union14.

(28)  Eurojust should enhance its cooperation with competent authorities in third countries and international organisations on the basis of a strategy drawn up in conjunction with the Commission. For that purpose, provision should be made for Eurojust to post liaison magistrates to third countries in order to achieve objectives similar to those assigned to liaison magistrates seconded by the Member States on the basis of Council Joint Action 96/277/JHA of 22 April 1996 concerning a framework for the exchange of liaison magistrates to improve judicial cooperation between the Member States of the European Union14.

_________________

_________________

14 OJ L 105, 27.4.1996, p. 1

14 OJ L 105, 27.4.1996, p. 1

Amendment    18

Proposal for a regulation

Recital 30

 

Text proposed by the Commission

Amendment

(30)  To guarantee the full autonomy and independence of Eurojust, it should be granted an autonomous budget, with revenue coming essentially from a contribution from the budget of the Union, except as regards the salaries and emoluments of the national members and assisting persons, which are borne by their Member State of origin. The Union budgetary procedure should be applicable as far as the Union contribution and other subsidies chargeable to the general budget of the Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors.

(30)  To guarantee the full autonomy and independence of Eurojust, it should be granted an autonomous budget sufficient to properly carry out its work, with revenue coming essentially from a contribution from the budget of the Union, except as regards the salaries and emoluments of the national members and assisting persons, which are borne by their Member State of origin. The Union budgetary procedure should be applicable as far as the Union contribution and other subsidies chargeable to the general budget of the Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors and approved by the Committee on Budgetary Control of the European Parliament.

Amendment    19

Proposal for a Regulation

Recital 31

 

Text proposed by the Commission

Amendment

(31)  In order to increase the transparency and democratic oversight of Eurojust it is necessary to provide mechanisms for the involvement of the European Parliament and national Parliaments in the evaluation of Eurojust's activities. This should not hinder the principles of independence as regards action taken in specific operational cases or the obligations of discretion and confidentiality.

(31)  In order to increase the transparency and democratic oversight of Eurojust it is necessary to provide mechanisms for the involvement of the European Parliament in the evaluation of Eurojust's activities, particularly with regard to the transmission of Eurojust’s Annual Report. Similar proceedings should be arranged for national Parliaments. However, those mechanisms should not hinder the principles of independence as regards action taken in specific operational cases or the obligations of discretion and confidentiality.

Amendment    20

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34)  Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)16 should apply to Eurojust.

(34)  Co-operation between the European Anti-Fraud Office (OLAF) and Eurojust should be governed by Article 14 of Regulation (EC) No 883/2013 of the European Parliament and of the Council concerning investigations conducted by OLAF;

_________________

 

16 OJ L 136, 31.5.1999, p.1.

 

Amendment    21

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission

Amendment

2.  Eurojust, as established by this Regulation, shall be the legal successor of Eurojust as established by Council Decision 2002/187/JHA.

2.  Eurojust, as established by this Regulation, shall replace and succeed Eurojust as established by Council Decision 2002/187/JHA.

Amendment    22

Proposal for a regulation

Article 1 – paragraph 3

Text proposed by the Commission

Amendment

3.  In each of the Member States, Eurojust shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may, in particular, acquire and dispose of movable and immovable property and be party to legal proceedings.

3.  In each of the Member States, Eurojust shall have the legal personality accorded to legal persons under national law.

Amendment    23

Proposal for a regulation

Article 2 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Eurojust shall support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime affecting two or more Member States, or requiring a prosecution on common bases, on the basis of operations conducted and information supplied by the Member States' authorities and by Europol.

1.  Eurojust shall support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime which Eurojust is competent to deal with in accordance with Article 3 (1) and set out in Annex I affecting two or more Member States, or requiring a prosecution on common bases, on the basis of operations conducted and information supplied by the Member States' authorities, by Europol, EPPO and OLAF.

Amendment    24

Proposal for a regulation

Article 2 – paragraph 2 – point a

 

Text proposed by the Commission

Amendment

a)  take into account any request emanating from a competent authority of a Member State or any information provided by any body competent by virtue of provisions adopted within the framework of the Treaties or collected by Eurojust itself;

a)  take into account any request emanating from a competent authority of a Member State or any information provided by bodies and institutions competent by virtue of provisions adopted within the framework of the Treaties or collected by Eurojust itself;

Amendment    25

Proposal for a regulation

Article 2 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Eurojust shall exercise its tasks at the request of the competent authorities of the Member States or on its own initiative.

3.  Eurojust shall exercise its tasks at the request of the competent authorities of the Member States or on its own initiative or at the request of EPPO.

Amendment    26

Proposal for a regulation

Article 3 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Eurojust’s competence shall cover the forms of crime listed in Annex 1. However, its competence shall not include the crimes for which the European Public Prosecutor's Office is competent.

1.  Until the date when the European Public Prosecutor’s Office (‘EPPO’) has assumed its investigative and prosecutorial tasks conferred on it in accordance with Article 75 of Regulation implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office, Eurojust’s competence shall cover the forms of crime listed in Annex 1. However, from the date the EPPO assumes its tasks, with regard to crime for which the European Public Prosecutor’s Office is competent, Eurojust shall not exercise its competences, except in cases involving Member States participating in enhanced cooperation but in respect of which EPPO does not exercise its competence, or involving Member States which do not participate in enhanced cooperation on the establishment of the European Public Prosecutor’s Office, or where the EPPO itself seeks support from Eurojust. The practical details on the exercise of competence in accordance with this paragraph shall be regulated by a working arrangement referred to in Article 38(2a).

Amendment    27

Proposal for a regulation

Article 3 – paragraph 1 a new

 

Text proposed by the Commission

Amendment

 

1a.  Eurojust shall remain competent:

Amendment    28

Proposal for a regulation

Article 3 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2.  Eurojust’s competence shall cover related criminal offences. The following offences shall be regarded as related criminal offences:

2.  Eurojust’s competence shall cover related criminal offences to the criminal offences laid down in Annex 1. The following offences shall be regarded as related criminal offences:

Amendment    29

Proposal for a regulation

Article 3 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  At the request either of a Member State's competent authority or of the Commission, Eurojust may assist investigations and prosecutions affecting only that Member State and the Union.

4.  At the request either of a Member State's competent authority or of the Commission, Eurojust may assist investigations and prosecutions affecting only that Member State.

Amendment    30

Proposal for a regulation

Article 4 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

b)  assist the competent authorities of the Member States in ensuring the best possible coordination of investigations and prosecutions;

b)  ensure coordination of investigations and prosecutions conducted by the competent authorities of the Member States;

Amendment    31

Proposal for a regulation

Article 4 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

c)  give assistance in order to improve cooperation between the competent authorities of the Member States, in particular on the basis of Europol's analyses;

c)  assist and improve cooperation between the competent authorities of the Member States, in particular on the basis of Europol's analyses;

Amendment    32

Proposal for a regulation

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

 

Text proposed by the Commission

Amendment

 

da)  cooperate closely with the European Public Prosecutor’s Office on matters relating to its competence

Amendment    33

Proposal for a regulation

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

 

Text proposed by the Commission

Amendment

 

ea)  support, and where appropriate participate in, the Union centres of specialised expertise developed by Europol and other Union bodies and agencies;

Amendment    34

Proposal for a regulation

Article 4 – paragraph 1 – point e b (new)

 

Text proposed by the Commission

Amendment

 

eb)  cooperate with Union agencies, bodies and networks established in the area of Freedom, Security and Justice regulated under Title V of the TFEU;

Amendment    35

Proposal for a regulation

Article 4 – paragraph 1 – point e c (new)

Text proposed by the Commission

Amendment

 

ec)  support Member States' action in preventing and combating forms of serious crime listed in Annex I.

Amendment    36

Proposal for a regulation

Article 4 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Where two or more Member States cannot agree on which of them should undertake an investigation or prosecution following a request made under point (b) of paragraph 2, Eurojust shall issue a written opinion on the case. The opinion shall be promptly forwarded to the Member States concerned.

4.  Where two or more Member States cannot agree on which of them should undertake an investigation or prosecution following a request made under point (a) and (b) of paragraph 2, Eurojust shall issue a written opinion on the case. The opinion shall be immediately forwarded to the Member States concerned.

Amendment    37

Proposal for a regulation

Article 4 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  On request of a competent authority Eurojust shall issue a written opinion on recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The opinion shall be promptly forwarded to the Member States concerned.

5.  On request of a competent authority Eurojust shall issue a written opinion on recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The opinion shall be immediately forwarded to the Member States concerned.

Amendment    38

Proposal for a regulation

Article 7 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The national members and deputies shall have a status as a prosecutor, judge or police officers of equivalent competence. The competent national authorities shall grant them the powers referred to in this Regulation in order to be able to fulfil their tasks.

3.  The national members and deputies shall have a status as a prosecutor, judge or representative of judicial authority with equivalent competences in accordance with the national law. The competent national authorities shall grant them the powers referred to in this Regulation in order to be able to fulfil their tasks.

Amendment    39

Proposal for a regulation

Article 7 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a.  The term of office of the national members and their deputies shall be four years, renewable once.

Amendment    40

Proposal for a regulation

Article 7 – paragraph 3 b (new)

 

Text proposed by the Commission

Amendment

 

3b.  Member States must designate national members and deputies on the grounds of proven high level of and longstanding practical experience in the field of criminal justice.

Amendment    41

Proposal for a regulation

Article 8 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

a)  facilitate or otherwise support the issuing and execution of any mutual legal assistance or mutual recognition request or issue and execute them themselves;

a)  facilitate or otherwise support the issuing and execution of any mutual legal assistance or mutual recognition request;

Amendment    42

Proposal for a regulation

Article 8 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

b)  contact directly and exchange information with any national competent authority of the Member State;

b)  contact directly and exchange information with any national competent authority of the Member State or Union agency and any other competent body, including EPPO;

Amendment    43

Proposal for a regulation

Article 8 – paragraph 2 – point b a (new)

 

Text proposed by the Commission

Amendment

 

ba)  issue and execute any mutual assistance or mutual recognition requests;

Amendment    44

Proposal for a regulation

Article 8 – paragraph 1 – point d a (new)

Text proposed by the Commission

Amendment

 

d a)  Member States may grant additional powers to the national members in accordance with national legislation. The Member States shall formally notify the Commission and College of these powers.

Amendment    45

Proposal for a regulation

Article 8 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2.  In agreement with the competent national authority the national members shall:

2.  In agreement with the competent national authority the national members may, in accordance with national law:

Amendment    46

Proposal for a regulation

Article 8 – paragraph 2 – point a

 

Text proposed by the Commission

Amendment

a)  order investigative measures;

a)  order and request investigative measures, as provided for in Directive 2014/41/EU of the European Parliament and of the Council regarding the European Investigative Order in Criminal Matters;

Amendment    47

Proposal for a regulation

Article 8 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  In urgent cases when timely agreement cannot be reached, the national members shall be competent to take the measures referred to in paragraph 2, informing as soon as possible the national competent authority.

3.  In urgent cases and in so far as it is not possible to identify or to contact the competent national authority in a timely manner, the national members shall be competent to take the measures referred to in paragraph 2 in accordance with national law informing immediately the national competent authority.

Amendment    48

Proposal for a regulation

Article 8 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

 

3b.  In cases referred to in paragraph 3a, requests issued by the national member shall be handled by the competent national authority without undue delay.

Amendment    49

Proposal for a regulation

Article 9 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

a)  criminal records;

a)  criminal records, including the European Criminal Records Information System (ECRIS)

Amendment    50

Proposal for a regulation

Article 10 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

a)  all the national members when the College exercises its operational functions under Article 4;

a)  all national members;

Amendment    51

Proposal for a regulation

Article 10 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

b)  all the national members and two representatives of the Commission when the College exercises its management functions under Article 14.

b)  and two representatives of the Commission when College exercises its management functions, one of them should be also the representative in the Executive Board in line with Art. 16 para 4.

Amendment    52

Proposal for a regulation

Article 10 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The Administrative Director shall attend the management meetings of the College, without the right to vote.

3.  The Administrative Director shall attend the meetings of the College without the right to vote.

Amendment    53

Proposal for a regulation

Article 12 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The College shall hold at least one operational meeting per month. To exercise its management functions, the College shall hold at least two ordinary meetings a year. In addition, it shall meet on the initiative of the President, at the request of the Commission, or at the request of at least one third of its members.

2.  The College shall hold at least one meeting per month. In addition, it shall meet on the initiative of the President, at the request of the Commission to discuss management tasks of the College, or at the request of at least one third of its members.

Amendment    54

Proposal for a regulation

Article 13 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Unless stated otherwise, the College shall take its decisions by a majority of its members.

1.  Unless stated otherwise, and where a consensus cannot be reached, the College shall take its decisions by a majority of its members.

Amendment    55

Proposal for a regulation

Article 14

 

Text proposed by the Commission

Amendment

1.  The College exercising its management functions shall:

In order to clearly distinguish between the operational and the management functions of the College provisions shall be laid down, reducing the administrative burden on national members to the minimum so that the focus is put on Eurojust's operational work. The management tasks of the College shall include in particular the adoption of Eurojust's work programmes, budget, annual activity report, and working arrangements with partners. It should exercise the power of appointing authority towards the Administrative Director. The College should also adopt the Rules of Procedure of Eurojust.

a)  adopt each year Eurojust's programming document by a majority of two thirds of its members and in accordance with Article 15;

 

b)  adopt, by a majority of two thirds of its members, the annual budget of Eurojust and exercise other functions in respect of Eurojust's budget pursuant to Chapter VI;

 

c)  adopt a consolidated annual activity report on Eurojust's activities and send it, by [date foreseen in FFR] of the following year, to the European Parliament, national parliaments, the Council, the Commission and the Court of Auditors, and make the consolidated annual activity report public;

 

d)  adopt staff resource programming as part of the programming document;

 

e)  adopt the financial rules applicable to Eurojust in accordance with Article 52;

 

f)  adopt rules for the prevention and management of conflicts of interest in respect of its members;

 

g)  in accordance with paragraph 2, exercise, with respect to the staff of the Agency, the powers conferred by the Staff Regulations(1) on the Appointing Authority and by the Conditions of Employment of Other Servants(2) on the Authority Empowered to conclude Contracts of Employment ("the appointing authority powers");

 

h)  appoint the Administrative Director and where relevant extend his or her term of office or remove him or her from office in accordance with Article 17;

 

i)  appoint an Accounting Officer and a Data Protection Officer who shall be functionally independent in the performance of their duties;

 

j)  adopt working arrangements concluded in accordance with Article 43;

 

k)  elect the President and Vice-Presidents in accordance with Article 11;

 

l)  adopt its rules of procedure.

 

2.  The College shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Administrative Director and defining the conditions under which this delegation of powers can be suspended. The Administrative Director shall be authorised to sub-delegate these powers.

 

3.  Where exceptional circumstances so require, the College may temporarily decide to suspend the delegation of the appointing authority powers to the Administrative Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Administrative Director.

 

4.  The College shall reach decisions on appointment, extension of the term of office and removal from office of the Administrative Director on the basis of a two-thirds majority of its members.

 

Amendment    56

Proposal for a regulation

Article 15 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  By [30 November each year] the College shall adopt a programming document containing multi-annual and annual programming, based on a draft put forward by the Administrative Director, taking into account the opinion of the Commission. It shall forward it to the European Parliament, the Council and the Commission. The programming document shall become definitive after final adoption of the general budget and if necessary shall be adjusted accordingly.

1.  By [30 November each year] the College shall adopt a programming document containing annual programming, based on a draft put forward by the Administrative Director, taking into account the opinion of the Commission. It shall forward it to the European Parliament, the Council, the Commission, and the European Public Prosecutor’s Office. The programming document shall become definitive after final adoption of the general budget and if necessary shall be adjusted accordingly.

Amendment    57

Proposal for a regulation

Article 15 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The multi-annual work programme shall set out overall strategic programming including objectives, expected results and performance indicators. It shall also set out resource programming including multi-annual budget and staff. The resource programming shall be updated annually. The strategic programming shall be updated where appropriate, and in particular to address the outcome of the evaluation referred to in Article 56.

4.  The multi-annual work programme shall set out overall strategic programming including objectives, the strategy for cooperation with the third countries and international organisations referred to in Article 43, expected results and performance indicators. It shall also set out resource programming including multi-annual budget and staff. The resource programming shall be updated annually. The strategic programming shall be updated where appropriate, and in particular to address the outcome of the evaluation referred to in Article 56.

Amendment    58

Proposal for a regulation

Article 16 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  The College shall be assisted by an Executive Board. The Executive Board shall not be involved in the operational functions of Eurojust referred to in Articles 4 and 5.

1.  The College shall be assisted by an Executive Board. The Executive Board shall be responsible for taking administrative decisions to ensure the proper functioning of Eurojust. It shall also undertake the necessary preparatory work on other administrative matters for the College's approval in accordance with Article 5(2). It shall not be involved in the operational functions of Eurojust referred to in Articles 4 and 5.

Amendment    59

Proposal for a regulation

Article 16 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a.  The Executive Board may consult the College when preparing the annual budget for Eurojust, the annual report and the annual and multi-annual work programmes and may obtain other non-operational information from the College, where necessary for the performance of its tasks.

Amendment    60

Proposal for a regulation

Article 16 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2.  The Executive Board shall also:

2.  The Executive Board shall:

Amendment    61

Proposal for a regulation

Article 16 – paragraph 2 – point a a (new)

 

Text proposed by the Commission

Amendment

 

aa)  prepare Eurojust's annual and multi-annual work programme based on the draft prepared by the Administrative Director and forward it to the College for adoption;

Amendment    62

Proposal for a regulation

Article 16 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

b)  adopt an anti-fraud strategy, which is proportionate to the fraud risks having regard to cost-benefit of the measures to be implemented;

b)  adopt an anti-fraud strategy for Eurojust based on a draft prepared by the Administrative Director;

Amendment    63

Proposal for a regulation

Article 16 – paragraph 2 – point g

 

Text proposed by the Commission

Amendment

g)  take any other decision not expressly attributed to the College in Articles 5 or 14 or under the responsibility of the Administrative Director in accordance with Article 18;

deleted

Amendment    64

Proposal for a regulation

Article 16 – paragraph 2 – point h

 

Text proposed by the Commission

Amendment

h)  adopt its rules of procedure.

deleted

Amendment    65

Proposal for a regulation

Article 16 – paragraph 2 – point h a (new)

 

Text proposed by the Commission

Amendment

 

h a)  undertake any additional administrative tasks assigned to it by the College under Article 5(4);

Amendment    66

Proposal for a regulation

Article 16 – paragraph 2 – point h b (new)

 

Text proposed by the Commission

Amendment

 

h b)  adopt the financial rules applicable to Eurojust in accordance with Article 52;

Amendment    67

Proposal for a regulation

Article 16 – paragraph 2 – point h c (new)

Text proposed by the Commission

Amendment

 

h c)  adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants delegating the relevant appoint authority powers to the Administrative Director and defining the conditions under which this delegation of powers can be suspended; the Administrative Director shall be authorised to sub-delegate these powers;

Amendment    68

Proposal for a regulation

Article 16 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  When necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the College on administrative and budgetary matters, which shall be subject to confirmation by the College.

deleted

Amendment    69

Proposal for a regulation

Article 16 – paragraph 6

 

Text proposed by the Commission

Amendment

6.  The Executive Board shall hold at least one ordinary meeting every three months. In addition, it shall meet on the initiative of its Chairperson or at the request of the Commission or of at least two of its other members.

6.  The Executive Board shall meet at least every three months. If necessary, it shall meet on the initiative of its Chairperson or at the request of the Commission or of at least two of its other members.

Amendment    70

Proposal for a regulation

Article 17 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The Administrative Director shall be appointed by the College from a list of candidates proposed by the Commission, following an open and transparent selection procedure. For the purpose of concluding the contract of the Administrative Director, Eurojust shall be represented by the President of the College.

2.  The Administrative Director shall be appointed by the College on the grounds of merit and documented administrative and managerial skills, as well as relevant competence and experience, from a list of candidates proposed by the Executive Board, following an open and transparent selection procedure, in accordance with the Rules of Procedure of Eurojust. For the purpose of concluding the contract of the Administrative Director, Eurojust shall be represented by the President of the College.

Amendment    71

Proposal for a regulation

Article 17 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The term of office of the Administrative Director shall be five years. By the end of this period, the Commission shall undertake an assessment which takes into account an evaluation of the performance of the Administrative Director.

3.  The term of office of the Administrative Director shall be four years. By the end of this period, the Executive Board shall undertake an assessment which takes into account an evaluation of the performance of the Administrative Director.

Amendment    72

Proposal for a regulation

Article 17 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The College, acting on a proposal from the Commission which takes into account the assessment referred to in paragraph 3, may extend once the term of office of the Administrative Director for no more than five years.

4.  The College, acting on a proposal from the Executive Board which takes into account the assessment referred to in paragraph 3, may extend once the term of office of the Administrative Director for no more than four years.

Amendment    73

Proposal for a regulation

Article 17 – paragraph 6

 

Text proposed by the Commission

Amendment

6.  The Administrative Director shall be accountable to the College and the Executive Board.

6.  The Administrative Director shall be accountable to the College.

Amendment    74

Proposal for a regulation

Article 17 – paragraph 7

 

Text proposed by the Commission

Amendment

7.  The Administrative Director may be removed from the office only upon a decision of the College acting on a proposal from the Commission.

7.  The Administrative Director may be removed from the office only upon a decision of the College acting on a proposal from the Executive Board.

Amendment    75

Proposal for a regulation

Article 18 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  Without prejudice to the powers of the Commission, the College or the Executive Board, the Administrative Director shall be independent in the performance of his or her duties and shall neither seek nor take instructions from any government or from any other body.

2.  Without prejudice to the powers of the College or the Executive Board, the Administrative Director shall be independent in the performance of his or her duties and shall neither seek nor take instructions from any government or from any other body.

Amendment    76

Proposal for a regulation

Article 18 – paragraph 4 – point a

 

Text proposed by the Commission

Amendment

a)  the day-to-day administration of Eurojust;

a)  the day-to-day administration of Eurojust and staff management;

Amendment    77

Proposal for a regulation

Article 18 – paragraph 4 – point c

 

Text proposed by the Commission

Amendment

c)  preparing the programming document and submitting it to the Executive Board and College after consultation of the Commission;

c)  preparing the annual and multi-annual work programming and submitting it to the Executive Board for approval;

Amendment    78

Proposal for a regulation

Article 18 – paragraph 4 – point d

 

Text proposed by the Commission

Amendment

d)  implementing the programming document and reporting to the Executive Board and College on its implementation;

d)  implementing the annual and multi-annual work programming and reporting to the Executive Board and College on its implementation;

Amendment    79

Proposal for a regulation

Article 18 – paragraph 4 – point f

 

Text proposed by the Commission

Amendment

f)  preparing an action plan following-up on the conclusions of the internal or external audit reports, evaluations and investigations, including those of the European Data Protection Supervisor and OLAF and reporting on progress twice a year to the Executive Board, the Commission and the European Data Protection Supervisor;

f)  preparing an action plan following-up on the conclusions of the internal or external audit reports, evaluations and investigations, including those of the European Data Protection Supervisor and OLAF and reporting on progress twice a year to the College, the Executive Board, the Commission and the European Data Protection Supervisor;

Amendment    80

Proposal for a regulation

Article 18 – paragraph 4 – point g

Text proposed by the Commission

Amendment

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

deleted

Amendment    81

Proposal for a regulation

Article 18 – paragraph 4 – point j a (new)

 

Text proposed by the Commission

Amendment

 

j a)  exercising, with respect to the staff of the Agency, the powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Empowered to conclude Contracts of Employment ("the appointing authority powers");

Amendment    82

Proposal for a regulation

Article 18 – paragraph 4 – point j b (new)

 

Text proposed by the Commission

Amendment

 

j b)  providing necessary administrative support to facilitate the operational work of Eurojust;

Amendment    83

Proposal for a regulation

Article 18 – paragraph 4 – point j c (new)

 

Text proposed by the Commission

Amendment

 

j c)  providing support to the President and Vice-Presidents in the carrying out of their duties.

Amendment    84

Proposal for a regulation

Article 18 – paragraph 4 – point j d (new)

 

Text proposed by the Commission

Amendment

 

j d)  prepare a draft proposal for the annual budget of Eurojust, which should be presented and consulted by the Executive Board before the adoption by the College;

Amendment    85

Proposal for a regulation

Article 19 – paragraph 3

Text proposed by the Commission

Amendment

3.  The On-Call Coordination representatives shall act without delay, in relation to the execution of the request in their Member State.

3.  The On-Call Coordination representatives shall act efficiently, without delay, in relation to the execution of the request in their Member State.

Amendment    86

Proposal for a regulation

Article 20 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

(1a)  All the national correspondents appointed by the Member States under paragraph 1 must have the skills and experience needed to carry out their duties.

Amendment    87

Proposal for a regulation

Article 20 – paragraph 2 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(aa)  national correspondents for issues relating to the competence of the EPPO for non-participating Member States;

Amendment    88

Proposal for a regulation

Article 20 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The persons referred to in paragraphs 1 and 2 shall maintain their position and status under national law.

3.  The persons referred to in paragraphs 1 and 2 shall maintain their position and status under national law, provided that maintaining their position and status does not impede them from performing their duties under this Regulation.

Amendment    89

Proposal for a regulation

Article 20 – paragraph 5 – point d

 

Text proposed by the Commission

Amendment

d)  maintaining close relations with the Europol National Unit.

d)  maintaining close relations with the Europol National Unit, other European Judicial Network contact points and other relevant competent national authorities.

Amendment    90

Proposal for a regulation

Article 21 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  The competent authorities of the Member States shall exchange with Eurojust any information necessary for the performance of its tasks in accordance with Articles 2 and 4 as well as with the rules on data protection set out in this Regulation. This shall at least include the information referred to in paragraphs 5, 6 and 7.

1.  The competent authorities of the Member States shall exchange with Eurojust any information necessary for the performance of its tasks in accordance with Articles 2 and 4 as well as with the rules on data protection set out in this Regulation. This shall at least include the information referred to in paragraphs 4, 5 and 6.

Amendment    91

Proposal for a regulation

Article 21 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The transmission of information to Eurojust shall be interpreted as a request for the assistance of Eurojust in the case concerned only if so specified by a competent authority.

2.  The transmission of information to Eurojust shall only be interpreted as a request for the assistance of Eurojust in the case concerned if so specified by a competent authority.

Amendment    92

Proposal for a regulation

Article 21 – paragraph 5

Text proposed by the Commission

Amendment

5.  The national competent authorities shall inform their national members without undue delay of any case concerning crimes under the competence of Eurojust affecting at least three Member States and for which requests for or decisions on judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, have been transmitted to at least two Member States.

5.  The national competent authorities shall inform their national members without undue delay of any case affecting at least three Member States directly and for which requests for or decisions on judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, have been transmitted to at least two Member States and,

 

(a)  the offence involved is punishable in the requesting or issuing Member State by a custodial sentence or a detention order for a maximum period of at least five or six years to be decided by the Member State concerned, and is included in the following list:

 

(i)  trafficking in human beings;

 

(ii)  sexual abuse and sexual exploitation including child pornography and solicitation of children for sexual purposes;

 

(iii)  drug trafficking;

 

(iv)  illicit trafficking in firearms, their parts and components and ammunition and explosives;

 

(v)  corruption;

 

(vi)  crime against the financial interests of the Union;

 

(vii)  forgery of money and means of payment

 

(viii)  money laundering activities;

 

(ix)  computer crime; or

 

(b)  there are factual indications that a criminal organisation is involved; or

 

(c)  there are indications that the case may have a serious cross-border dimension or repercussions at Union level or that it might affect Member States other than those directly involved.

Amendment    93

Proposal for a regulation

Article 21 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  The national competent authorities shall inform their national members without undue delay of any case concerning crimes under the competence of Eurojust affecting at least three Member States and for which requests for or decisions on judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, have been transmitted to at least two Member States.

5.  The national competent authorities shall inform their national members without undue delay of any case affecting at least two Member States directly and for which requests for or decisions on judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, have been transmitted to at least two Member States.

Amendment    94

Proposal for a regulation

Article 21 – paragraph 9

 

Text proposed by the Commission

Amendment

9.  Information referred to in this Article shall be provided in a structured way as established by Eurojust.

9.  Information referred to in this Article shall be provided in a structured way as established by Eurojust. The national authority shall not be obliged to provide this information when it has already been transmitted to Eurojust in accordance with other provisions of this Regulation.

Amendment    95

Proposal for a regulation

Article 22 – paragraph 1

Text proposed by the Commission

Amendment

1.  Eurojust shall provide competent national authorities with information on the results of the processing of information, including the existence of links with cases already stored in the Case Management System. This information may include personal data.

1.  Eurojust shall provide without undue delay competent national authorities with information on the results of the processing of information, including the existence of links with cases already stored in the Case Management System. This information may include personal data.

Amendment    96

Proposal for a regulation

Article 23 – paragraph 1

 

Text proposed by the Commission

Amendment

The competent national authorities shall respond without undue delay to Eurojust's requests and opinions made under Article 4. Where the competent authorities of the Member States concerned decide not to comply with a request referred to in Article 4(2) or decide not to follow a written opinion referred to in Article 4(4) or (5), they shall inform Eurojust without undue delay of their decision and of the reasons for it. Where it is not possible to give the reasons for refusing to comply with a request because to do so would harm essential national security interests or would jeopardise the safety of individuals, the competent authorities of the Member States may cite operational reasons.

The competent national authorities shall respond without undue delay, in urgent cases Eurojust may set up a deadline to respond, to Eurojust's requests and opinions made under Article 4. The competent authorities of Member States concerned shall comply with the request made by Eurojust referred to in Article 4(2) and in Article 4(2)new or follow a written opinion referred to in Article 4(4) or (5), except if they can justify to Eurojust, in a reasoned opinion, that the immediate compliance would jeopardise the success of an ongoing investigation or the safety of an individual. Any delay to comply with the requests and opinions made by Eurojust under Article 4 must be duly justified.

Amendment    97

Proposal for a regulation

Article 24 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Eurojust shall establish a Case Management System composed of temporary work files and of an index which contain personal data as referred to in Annex 2 and non-personal data.

1.  Eurojust shall establish a Case Management System including temporary work files and of an index which contain personal data as referred to in Annex 2 and non-personal data.

Amendment    98

Proposal for a regulation

Article 24 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

c)  facilitate the monitoring of lawfulness and compliance with the provisions of this Regulation concerning the processing of personal data.

c)  facilitate the monitoring of lawfulness and compliance with EU legislation concerning the processing of personal data.

Compromise amendment S replacing AM 315 Amendment    99

Proposal for a regulation

Article 24 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The index shall contain references to temporary work files processed within the framework of Eurojust and may contain no personal data other than those referred to in points (1)(a) to (i), (k) and (m) and (2) of Annex 2.

4.  The index shall contain references to temporary work files processed within the framework of Eurojust and may contain no personal data other than those referred to in point (2) of Annex 2.

Amendment    100

Proposal for a regulation

Article 24 – paragraph 6

 

Text proposed by the Commission

Amendment

6.  For the processing of operational personal data, Eurojust may not establish any automated data file other than the Case Management System or a temporary work file.

6.  For the processing of operational personal data, Eurojust may not establish any automated data file other than the Case Management System.

Amendment    101

Proposal for a regulation

Article 24 – paragraph 7

 

Text proposed by the Commission

Amendment

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

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

Amendment    102

Proposal for a regulation

Article 24 – paragraph 8

 

Text proposed by the Commission

Amendment

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

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

Amendment    103

Proposal for a regulation

Article 25 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The national member who has opened a temporary work file shall decide which information related to this temporary work file shall be introduced in the index.

3.  The national member who has opened a temporary work file shall decide which information related to this temporary work file, and in accordance with Article 24(4), shall be introduced in the index

Amendment    104

Proposal for a regulation

Article 27

 

Text proposed by the Commission

Amendment

Processing of personal data

Processing of information

1.  Insofar as it is necessary to achieve its explicitly stated task, Eurojust may, within the framework of its competence and in order to carry out its operational functions, process by automated means or in structured manual files in accordance with this Regulation only the personal data listed in point 1 of Annex 2, on persons who, under the national legislation of the Member States concerned are suspected of having committed or having taken part in a criminal offence in respect of which Eurojust is competent or who have been convicted of such an offence.

Regulation No 45/2001 shall apply to the protection of individuals with regard to the processing of personal data by Eurojust in the context of its activities.

2.  Eurojust may process only the personal data listed in point 2 of Annex 2, on persons who, under the national legislation of the Member States concerned, are regarded as witnesses or victims in a criminal investigation or prosecution regarding one or more of the types of crime and the offences referred to in Article 3, or persons under the age of 18. The processing of such personal data may only take place if it is strictly necessary for the achievement of the expressly stated task of Eurojust, within the framework of its competence and in order to carry out its operational functions.

 

3.  In exceptional cases, Eurojust may also, for a limited period of time which shall not exceed the time needed for the conclusion of the case related to which the data are processed, process personal data other than those referred to in paragraphs 1 and 2 relating to the circumstances of an offence where they are immediately relevant to and included in on-going investigations which Eurojust is coordinating or helping to coordinate and when their processing is strictly necessary for the purposes specified in paragraph 1. The Data Protection Officer referred to in Article 31 shall be informed immediately of recourse to this paragraph and of the specific circumstances which justify the necessity of the processing of such personal data. Where such other data refer to witnesses or victims within the meaning of paragraph 2, the decision to process them shall be taken jointly by at least two national members.

 

4.  Personal data, processed by automated or other means, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and data concerning health or sex life may be processed by Eurojust only when such data are strictly necessary for the national investigations concerned as well as for coordination within Eurojust and if they supplement other personal data already processed. The Data Protection Officer shall be informed immediately of recourse to this paragraph. Such data may not be processed in the Index referred to in Article 24(4). Where such other data refer to witnesses or victims within the meaning of paragraph 3, the decision to process them shall be taken by the College.

 

5.  Regulation (EC) No 45/2001 shall apply to the processing of personal data by Eurojust in the context of its activities. This Regulation particularises and complements Regulation (EC) No 45/2001 in as far as personal data processed by Eurojust for its operational tasks are concerned.

 

Amendment    105

Proposal for a regulation

Article 28

 

Text proposed by the Commission

Amendment

1.  Personal data processed by Eurojust may not be stored beyond the first applicable among the following dates:

deleted

a)  the date on which prosecution is barred under the statute of limitations of all the Member States concerned by the investigation and prosecutions;

 

b)  the date on which the person has been acquitted and the judicial decision became final;

 

c)  three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;

 

d)  the date on which Eurojust and the Member States concerned mutually established or agreed that it was no longer necessary for Eurojust to coordinate the investigation and prosecutions, unless there is an obligation to provide Eurojust with this information in accordance with Article 21(5) or (6);

 

e)  three years after the date on which data were transmitted in accordance with Article 21(6) or (7).

 

2.  Observance of the storage deadlines referred to in points (a), (b), (c) and (d) of paragraph 1 shall be reviewed constantly by appropriate automated processing. Nevertheless, a review of the need to store the data shall be carried out every three years after they were entered. If data concerning persons referred to in Article 27(4) are stored for a period exceeding five years, the European Data Protection Supervisor shall be informed accordingly.

 

3.  When one of the storage deadlines referred to in points (a), (b), (c) and (d) of paragraph 1 has expired, Eurojust shall review the need to store the data longer in order to enable it to perform its tasks and it may decide by way of derogation to store those data until the following review. The reasons for the continued storage must be justified and recorded. If no decision is taken on the continued storage of personal data, those data shall be deleted automatically after three years. However, once prosecution is statute barred in all Member States concerned as referred to in point (a) of paragraph 1, data may only be stored if they are necessary in order for Eurojust to provide assistance in accordance with this Regulation.

 

4.  Where, in accordance with paragraph 3, data have been stored beyond the dates referred to in paragraph 1, a review of the need to store those data shall take place every three years by European Data Protection Supervisor.

 

5.  Where a file contains non-automated and unstructured data, once the deadline for storage of the last item of automated data from the file has elapsed, all documents in the file shall be returned to the authority which supplied them and any copies shall be destroyed.

 

6.  Where Eurojust has coordinated an investigation or prosecutions, the national members concerned shall inform Eurojust and the other Member States concerned of all judicial decisions relating to the case which have become final in order, inter alia, that point (b) of paragraph 1 may be applied.

 

Amendment    106

Proposal for a regulation

Article 29

 

Text proposed by the Commission

Amendment

1.  For the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security, Eurojust shall keep records of any collection, alteration, access, disclosure, combination or erasure of personal data used for operational purposes. Such logs or documentation shall be deleted after 18 months, unless the data are further required for on-going control.

deleted

2.  Logs or documentation prepared under paragraph 1 shall be communicated on request to the European Data Protection Supervisor. The European Data Protection Supervisor shall use this information only for the purpose of data protection control, ensuring proper data processing, and data integrity and security.

 

Amendment    107

Proposal for a regulation

Article 30

 

Text proposed by the Commission

Amendment

Only national members, their deputies and their Assistants, persons referred to in Article 20(2) in so far as they are connected to the Case Management System and authorised Eurojust staff may, for the purpose of achieving Eurojust's tasks and within the limits provided for in Articles 24, 25 and 26, have access to personal data processed by Eurojust for its operational tasks.

deleted

Amendment    108

Proposal for a regulation

Article 31

 

Text proposed by the Commission

Amendment

1.  The Executive Board shall appoint a Data Protection Officer in accordance with Article 24 of Regulation (EC) No 45/2001.

deleted

2.  When complying with the obligations set out in Article 24 of Regulation (EC) No 45/2001, the Data Protection Officer shall:

 

a)  ensure that a written record of the transfer of personal data is kept;

 

b)  cooperate with Eurojust staff responsible for procedures, training and advice on data processing;

 

c)  prepare an annual report and communicate that report to the College and to the European Data Protection Supervisor.

 

3.  In the performance of his or her tasks, the Data Protection Officer shall have access to all the data processed by Eurojust and to all Eurojust premises.

 

4.  Eurojust’s staff members assisting the Data Protection Officer in the performance of his or her duties shall have access to the personal data processed at Eurojust and to Eurojust premises to the extent necessary for the performance of their tasks.

 

5.  If the Data Protection Officer considers that the provisions of Regulation (EC) No 45/2001 or this Regulation related to the processing of personal data have not been complied with, he or she shall inform the Administrative Director, requiring him or her to resolve the non-compliance within a specified time. If the Administrative Director does not resolve the non-compliance of the processing within the specified time, the Data Protection Officer shall inform the College and shall agree with the College a specified time for a response. If the College does not resolve the non-compliance of the processing within the specified time, the Data Protection Officer shall refer the matter to the European Data Protection Supervisor.

 

6.  The Executive Board shall adopt the implementing rules referred to in Article 24(8) of Regulation (EC) No 45/2001.

 

Amendment    109

Proposal for a regulation

Article 32

 

Text proposed by the Commission

Amendment

1.  Any data subject wishing to exercise the right of access to personal data may make a request to that effect free of charge to the authority appointed for this purpose in the Member State of their choice. That authority shall refer the request to Eurojust without delay and in any case within one month of receipt.

deleted

2.  The request shall be answered by Eurojust without undue delay and in any case within three months of its receipt by Eurojust.

 

3.  The competent authorities of the Member States concerned shall be consulted by Eurojust on a decision to be taken. A decision on access to data shall be conditional upon close cooperation between Eurojust and the Member States directly concerned by the communication of such data. In any case in which a Member State objects to Eurojust’s proposed response, it shall notify Eurojust of the reasons for its objection.

 

4.  When the right of access is restricted in accordance with Article 20(1) of Regulation (EC) No 45/2001, Eurojust shall inform the data subject in accordance with Article 20(3) of that Regulation in writing. The information about the principal reasons may be omitted where the provision of such information would deprive the restriction of its effect. The data subject shall at least be informed that all necessary verifications by the European Data Protection Supervisor have taken place.

 

5.  Eurojust shall document the grounds for omitting the communication of the principal reasons on which the restriction referred to in paragraph 4 is based.

 

6.  The national members concerned by the request shall deal with it and reach a decision on Eurojust's behalf. The request shall be dealt with in full within three months of receipt. Where the members are not in agreement, they shall refer the matter to the College, which shall take its decision on the request by a two-thirds majority.

 

7.  When in application of Article 46 and 47 of Regulation (EC) No 45/2001, the European Data Protection Supervisor checks the lawfulness of the processing performed by Eurojust, he or she shall inform the data subject at least that all necessary verifications by the European Data Protection Supervisor have taken place.

 

Amendment    110

Proposal for a regulation

Article 33

 

Text proposed by the Commission

Amendment

1.  If the personal data that have to be rectified, erased or whose processing has to be restricted in accordance with Articles 14, 15 or 16 of Regulation (EC) No 45/2001 have been provided to Eurojust by third countries, international organisations, private parties, private persons or are the results of Eurojust's own analyses, Eurojust shall rectify, erase or restrict the processing of such data.

deleted

2.  If the personal data that have to be rectified, erased or whose processing has to be restricted in accordance with Article 14, 15 and 16 of Regulation (EC) No 45/2001 have been provided directly to Eurojust by Member States, Eurojust shall rectify, erase or restrict the processing of such data in collaboration with Member States.

 

3.  If incorrect data were transmitted by another appropriate means or if the errors in the data supplied by Member States are due to faulty transfer or were transmitted in breach of this Regulation or if they result from their being input, taken over or stored in an incorrect manner or in breach of this Regulation by Eurojust, Eurojust shall rectify or erase the data in collaboration with the Member States concerned.

 

4.  In the cases referred to in Articles 14, 15 or 16 of Regulation (EC) No 45/2001, all addressees of such data shall be notified forthwith in accordance with Article 17 of Regulation (EC) No 45/2001. In accordance with rules applicable to them, the addressees shall then rectify, erase or restrict the processing of those data in their systems.

 

5.  Eurojust shall inform the data subject in writing without undue delay and in any case within three months of the receipt of the request that data concerning him or her have been rectified, erased or their processing restricted.

 

6.  Eurojust shall inform the data subject in writing on any refusal of rectification, of erasure or of restrictions to the processing, and the possibility of lodging a complaint with the European Data Protection Supervisor and seeking a judicial remedy.

 

Amendment    111

Proposal for a regulation

Article 34

 

Text proposed by the Commission

Amendment

1.  Eurojust shall process personal data in such a way that that it can be established which authority provided the data or where the personal data has been retrieved from.

deleted

2.  The responsibility for the quality of personal data shall lie with the Member State which provided the personal data to Eurojust and with Eurojust for personal data provided by EU bodies, third countries or international organisations, as well for personal data retrieved by Eurojust from publicly available sources.

 

3.  The responsibility for compliance with Regulation (EC) No 45/2001 and this Regulation shall lie with Eurojust. The responsibility for the legality of transfer of personal data provided by the Member States to Eurojust shall lie with the Member State which provides the personal data, and with Eurojust for the personal data provided to Member States, EU bodies and third countries or organisations by Eurojust.

 

4.  Subject to other provisions in this Regulation, Eurojust shall be responsible for all data processed by it.

 

Amendment    112

Proposal for a regulation

Article 35

 

Text proposed by the Commission

Amendment

1.  The European Data Protection Supervisor shall act in close cooperation with national authorities competent for data protection supervision with respect to specific issues requiring national involvement, in particular if the European Data Protection Supervisor or a national authority competent for data protection supervision finds major discrepancies between practices of the Member States or potentially unlawful transfers using Eurojust's communication channels, or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this Regulation.

deleted

2.  In cases referred to under paragraph 1 the European Data Protection Supervisor and the national authorities competent for data protection supervision may, each acting within the scope of their respective competences, exchange relevant information, assist each other in carrying out audits and inspections, examine difficulties of interpretation or application of this Regulation, study problems related to the exercise of independent supervision or to the exercise of the rights of data subjects, draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights, as necessary.

 

3.  The National Supervisory Authorities and the European Data Protection Supervisor shall meet for the purposes outlined in this Article, as needed. The costs and servicing of these meetings shall be for the account of the European Data Protection Supervisor. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed jointly as necessary.

 

Amendment    113

Proposal for a regulation

Article 36

 

Text proposed by the Commission

Amendment

1.  Where a complaint introduced by a data subject pursuant to Article 32(2) of Regulation (EC) No 45/2001 relates to a decision as referred to in Article 32 or 33, the European Data Protection Supervisor shall consult the national supervisory bodies or the competent judicial body in the Member State which was the source of the data or the Member State directly concerned. The decision of the European Data Protection Supervisor, which may extend to a refusal to communicate any information, shall be taken in close cooperation with the national supervisory body or competent judicial body.

deleted

2.  Where a complaint relates to the processing of data provided by a Member State to Eurojust, the European Data Protection Supervisor shall ensure that the necessary checks have been carried out correctly in close cooperation with the national supervisory body of the Member State which has provided the data.

 

3.  Where a complaint relates to the processing of data provided to Eurojust by EU bodies, third countries or organisations or private parties, the European Data Protection Supervisor shall ensure that the necessary checks have been carried out by Eurojust.

 

Amendment    114

Proposal for a regulation

Article 37

 

Text proposed by the Commission

Amendment

1  Eurojust shall be liable, in accordance with Article 340 of the Treaty, for any damage caused to an individual which results from unauthorised or incorrect processing of data carried out by it.

deleted

2.  Complaints against Eurojust pursuant to the liability referred to in paragraph 1 shall be heard by the Court of Justice in accordance with Article 268 of the Treaty.

 

3.  Each Member State shall be liable, in accordance with its national law, for any damage caused to an individual, which results from unauthorised or incorrect processing carried out by it of data which were communicated to Eurojust.

 

Amendment    115

Proposal for a regulation

Article 38 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  In so far as necessary for the performance of its tasks, Eurojust may establish and maintain cooperative relations with Union bodies and agencies in accordance with the objectives of those bodies or agencies, the competent authorities of third countries, international organisations and the International Criminal Police Organisation (Interpol).

1.  In so far as necessary for the performance of its tasks, Eurojust may establish and maintain cooperative relations with Union bodies and agencies in accordance with the objectives of those bodies or agencies, the competent authorities of third countries, international organisations including the International Criminal Police Organisation (Interpol) in line with the strategy referred to in Article 43.

Amendment    116

Proposal for a regulation

Article 38 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  In so far as relevant to the performance of its tasks and subject to any restriction stipulated pursuant to Article 21(8), Eurojust may directly exchange all information, with the exception of personal data, with the entities referred to in paragraph 1.

2.  In so far as relevant to the performance of its tasks and subject to any restriction stipulated pursuant to Article 21(8) and Article 62, Eurojust may directly exchange all information, with the exception of personal data, with the entities referred to in paragraph 1.

Amendment    117

Proposal for a regulation

Article 38 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment    118

Proposal for a regulation

Article 38 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Eurojust may, in accordance with Article 4 of Regulation (EC) No 45/2001, receive and process personal data received from the entities referred to in paragraph 1 in so far as necessary for the performance of its tasks and subject to the provisions of Section IV.

3.  Eurojust may, in accordance with Regulation (EC) No 45/2001, receive and process personal data received from the entities referred to in paragraph 1 in so far as necessary for the performance of its tasks.

Amendment    119

Proposal for a regulation

Article 38 – paragraph 4 – introductory part

 

Text proposed by the Commission

Amendment

4.  Personal data shall only be transferred by Eurojust to third countries, international organisations, and Interpol if this is necessary for preventing and combating crime that falls under Eurojust's competence and in accordance with this Regulation. If the data to be transferred have been provided by a Member State, Eurojust shall seek that Member State's consent, unless:

deleted

Amendment    120

Proposal for a regulation

Article 38 – paragraph 4 – point a

 

Text proposed by the Commission

Amendment

a)  the authorisation can be assumed as the Member State has not expressly limited the possibility of onward transfers; or

deleted

Amendment    121

Proposal for a regulation

Article 38 – paragraph 4 – point b

 

Text proposed by the Commission

Amendment

b)  the Member State has granted its prior authorisation to such onward transfer, either in general terms or subject to specific conditions. Such consent may be withdrawn any moment.

deleted

Amendment    122

Proposal for a regulation

Article 38 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  Onward transfers to third parties of personal data received from Eurojust by Member States, Union bodies or agencies, third countries and international organisations or Interpol shall be prohibited unless Eurojust has given its explicit consent after considering the circumstances of the case at hand, for a specific purpose that is not incompatible with the purpose for which the data was transmitted.

deleted

Amendment    123

Proposal for a regulation

Chapter 5 – section 2 – title

 

Text proposed by the Commission

Amendment

RELATIONS WITH PARTNERS

RELATIONS WITH PARTNERS WITHIN THE UNION

Amendment    124

Proposal for a regulation

Article 39 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The Secretariat of the Network for Joint Investigation Teams and of the network set up by Decision 2002/494/JHA shall form part of the staff of Eurojust. These secretariats shall function as separate units. They may draw on the administrative resources of Eurojust which are necessary for the performance of their tasks. Coordination between the secretariats shall be ensured by Eurojust. This paragraph shall apply to the secretariat of any new network set up by a decision of the Council where that decision provides that the secretariat shall be provided by Eurojust.

2.  The Secretariat of the Network for Joint Investigation Teams and of the network set up by Decision 2002/494/JHA shall form part of the staff of Eurojust. These secretariats shall function as separate units. They may draw on the administrative resources of Eurojust which are necessary for the performance of their tasks. Coordination between the secretariats shall be ensured by Eurojust. This paragraph shall apply to the secretariat of any relevant network involved in judicial cooperation in criminal matters for which support in the form of a secretariat is to be provided by Eurojust. Eurojust may support, including where appropriate by means of a secretariat hosted at Eurojust, relevant European networks and bodies involved in judicial cooperation in criminal matters.

Amendment    125

Proposal for a regulation

Article 40 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Eurojust shall take all appropriate measures to enable Europol, within its mandate, to have indirect access on the basis of a hit/no hit system to information provided to Eurojust, without prejudice to any restrictions indicated by the providing Member States, Union bodies, third countries, international organisations or Interpol. In case of a hit, Eurojust shall initiate the procedure by which the information that generated the hit may be shared, in accordance with the decision of the Member State, Union body, third country, international organisation or Interpol that provided the information to Eurojust.

1.  Eurojust shall take all appropriate measures to enable Europol, within its mandate, to have indirect access on the basis of a hit/no hit system to information provided to Eurojust, without prejudice to any restrictions indicated by the providing Member States, Union bodies, third countries, international organisations, including Interpol. In case of a hit, Eurojust shall initiate the procedure by which the information that generated the hit may be shared, in accordance with the decision of the Member State, Union body, third country, international organisation, including Interpol that provided the information to Eurojust.

Amendment    126

Proposal for a regulation

Article 40 – paragraph 2

Text proposed by the Commission

Amendment

2.  Searches of information in accordance with paragraph 1 shall be made only for the purpose of identifying whether information available at Eurojust matches with information processed at Europol.

2.  Searches of information in accordance with paragraph 1 shall be made only for the purpose of identifying whether information available at Eurojust matches with information processed at Europol. In case of a hit, Europol shall specify which data it needs and Eurojust may share the data with Europol only to the extent that the data that generated the hit are necessary for the legitimate performance of its tasks.

Amendment    127

Proposal for a regulation

Article 40 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  If during Eurojust's information processing activities in respect of an individual investigation, Eurojust or a Member State identifies the necessity for coordination, cooperation or support in accordance with the mandate of Europol, Eurojust shall notify them thereof and shall initiate the procedure for sharing the information, in accordance with the decision of the Member State providing the information. In such a case Eurojust shall consult with Europol.

4.  If during Eurojust's information processing activities in respect of an individual investigation, Eurojust or a Member State identifies the necessity for coordination, cooperation or support in accordance with the mandate of Europol, Eurojust shall notify them thereof and shall initiate the procedure for sharing the information, in accordance with the decision of the Member State providing the information. In such a case Europol shall consult with Eurojust.

Amendment    128

Proposal for a regulation

Article 40 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4 a.  Eurojust shall establish and maintain close cooperation with Europol, in so far as is relevant for the performance of the tasks of the two agencies and for achieving their objectives, taking account of the need to avoid duplication of effort.

 

 

 

To that end, the Director of Europol and the President of Eurojust shall meet on a regular basis to discuss issues of common concern.

Amendment    129

Proposal for a regulation

Article 41 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Eurojust shall establish and maintain a special relationship with the European Public Prosecutor's Office based on close cooperation and the development of operational, administrative and management links between them as defined below. To this end, the European Public Prosecutor and the President of Eurojust shall meet on a regular basis to discuss issues of common concern.

1.  Eurojust shall establish and maintain a close relationship with the European Public Prosecutor's Office based on mutual cooperation within their respective mandates and competences and on the development of operational and administrative links between them as defined in this Article. To this end, the President of Eurojust and the European Chief Prosecutor shall meet on a regular basis to discuss issues of common interest. They shall meet upon request of the President of Eurojust or the European Chief Prosecutor.

Amendment    130

Proposal for a regulation

Article 41 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  Eurojust shall treat any request for support emanating from the European Public Prosecutor's Office without undue delay, and shall deal with such requests, where appropriate, as if they had been received from a national authority competent for judicial cooperation.

2.  Eurojust shall treat requests for support emanating from the European Public Prosecutor's Office without undue delay, and shall deal with such requests as if they had been received from a national authority competent for judicial cooperation.

Amendment    131

Proposal for a regulation

Article 41 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The cooperation established in accordance with paragraph 1 shall entail the exchange of information, including personal data. Any data thus exchanged shall only be used for the purposes for which it was provided. Any other usage of the data shall only be allowed in as far as such usage falls within the mandate of the body receiving the data, and subject to the prior authorisation of the body which provided the data.

4.  In operational matters relevant to competences of EPPO, Eurojust shall associate the European Public Prosecutor’s Office with its activities concerning cross-border cases, including by:

 

(a) sharing information, including personal data, on its cases in accordance with the relevant EU provisions on data protection;

 

(b) request support, where appropriate, provided by the European Public Prosecutor’s Office.

Amendment    132

Proposal for a regulation

Article 41 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  For the purpose of identifying whether information available at Eurojust matches with information processed by the European Public Prosecutor's Office, Eurojust shall put in place a mechanism for automatic cross-checking of data entered into its Case Management System. Whenever a match is found between data entered into the Case Management System by the European Public Prosecutor's Office and data entered by Eurojust, the fact that there is a match will be communicated to both Eurojust and the European Public Prosecutor's Office, as well as the Member State which provided the data to Eurojust. In cases where the data was provided by a third party, Eurojust shall only inform that third party of the match found with the consent of the European Public Prosecutor's Office.

5.  Eurojust shall have access on the basis of a hit/no-hit system to information in the case management system of the European Public Prosecutors Office. Whenever a match is found between data entered into the case management system by the European Public Prosecutor’s Office and data held by Eurojust, the fact that there is a match will be communicated to both Eurojust and the European Public Prosecutor’s Office, as well as the Member States which provided the data to Eurojust. Eurojust shall take the appropriate measures to enable the European Public Prosecutor’s Office to have access to information in its case management system on the basis of a hit/no-hit system.

Amendment    133

Proposal for a regulation

Article 41 – paragraph 6 a (new)

 

Text proposed by the Commission

Amendment

 

6 a.  The European Public Prosecutor’s Office may rely on the support of the administration of Eurojust. To this end, Eurojust may provide services of common interest to the European Public Prosecutor’s Office. The details shall be regulated by an arrangement in accordance with Art 38/2a.

Amendment    134

Proposal for a regulation

Article 41 – paragraph 7

 

Text proposed by the Commission

Amendment

7.  Eurojust shall support the functioning of the European Public Prosecutor's Office through services to be supplied by its staff. Such support shall in any case include:

deleted

a) technical support in the preparation of the annual budget, the programming document containing the annual and multiannual programming and the management plan;

 

b) technical support in staff recruitment and career-management;

 

c) security services;

 

d) Information Technology services;

 

e) financial management, accounting and audit services;

 

f) any other services of common interest.

 

The details of the services to be provided shall be laid down in an agreement between Eurojust and the European Public Prosecutor's Office.

 

Amendment    135

Proposal for a regulation

Article 42 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  OLAF may contribute to Eurojust's coordination work regarding the protection of the financial interests of the Union, in accordance with its mandate under Regulation (EU, Euratom) of the European Parliament and of the Council No .../2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999.

2.  OLAF shall contribute to Eurojust's coordination work regarding the protection of the financial interests of the Union, in accordance with its mandate under Regulation (EU, Euratom) of the European Parliament and of the Council No 883/2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999.

Amendment    136

Proposal for a regulation

Article 42 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a.  Frontex shall contribute to Eurojust's work including by transmitting relevant information processed in accordance with its mandate and tasks under Regulation (EU) 2016/1624, processing of personal data shall be regulated by regulation 45/2001.

Amendment    137

Proposal for a regulation

Article 42 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  For purposes of the receipt and transmission of information between Eurojust and OLAF, and without prejudice to Article 8, Member States shall ensure that the national members of Eurojust shall be regarded as competent authorities of the Member States solely for the purposes of Regulation (EC) No 1073/1999 and Council Regulation (Euratom) No 1074/199919 . The exchange of information between OLAF and national members shall be without prejudice to the information which must be given to other competent authorities under those Regulations.

3.  For purposes of the receipt and transmission of information between Eurojust and OLAF, and without prejudice to Article 8, Member States shall ensure that the national members of Eurojust shall be regarded as competent authorities of the Member States solely for the purposes of Regulation (EU, Euratom) of the European Parliament and of the Council No 883/2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF). The exchange of information between OLAF and national members shall be without prejudice to the information which must be given to other competent authorities under those Regulations.

__________________

__________________

19 OJ L 136, 31.5.1999, p. 8.

19 OJ L 136, 31.5.1999, p. 8.

Amendment    138

Proposal for a regulation

Article 43 – paragraph -1 (new)

 

Text proposed by the Commission

Amendment

 

-1.  Eurojust shall establish and maintain cooperation with the authorities of third countries and international organisations

 

To that end, Eurojust shall prepare, every four years, in consultation with the Commission, a cooperation strategy which pinpoints the third countries and international organisations with which there is an operational need for cooperation.

Amendment    139

Proposal for a regulation

Article 43 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Eurojust may establish working arrangements with the entities referred to in Article 38(1).

1.  To this end, Eurojust may establish working arrangements with the entities referred to in Article 38(1).

Amendment    140

Proposal for a regulation

Article 46 – title

Text proposed by the Commission

Amendment

Liaison magistrates posted to third countries

Liaison magistrates posted to third countries and from third-countries to Eurojust

Amendment    141

Proposal for a regulation

Article 46 – paragraph 1

Text proposed by the Commission

Amendment

1.  For the purpose of facilitating judicial cooperation with third countries in cases in which Eurojust is providing assistance in accordance with this Regulation, the College may post liaison magistrates to a third country subject to a working arrangement as referred to in Article 43 with that third country.

1.  For the purpose of facilitating judicial cooperation with third countries in cases in which Eurojust is providing assistance in accordance with this Regulation, the College may post liaison magistrates to a third country subject to a working arrangement as referred to in Article 43 with that third country. Eurojust may establish working arrangements with entities referred to in Article 38(1) which may include the secondment of liaison magistrates to Eurojust.

Amendment    142

Proposal for a regulation

Article 46 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a.  The tasks of the liaison magistrates shall include any activity designed to encourage and accelerate all forms of judicial cooperation in criminal matters, in particular by establishing direct links with the competent authorities of the third country.

Amendment    143

Proposal for a regulation

Article 48 – paragraph 4

Text proposed by the Commission

Amendment

4.  The expenditure of Eurojust shall include staff remuneration, administrative and infrastructure expenses, operating costs.

4.  The expenditure of Eurojust shall include staff remuneration, administrative and infrastructure expenses, operating costs, including funding for joint investigation teams.

Amendment    144

Proposal for a regulation

Article 49 – paragraph 1

Text proposed by the Commission

Amendment

1.  Each year the Administrative Director shall draw up a draft statement of estimates of Eurojust's revenue and expenditure together, for the following financial year, including the establishment plan, and send it to the College.

1.  Each year the Administrative Director shall draw up a draft statement of estimates of Eurojust's revenue and expenditure together, for the following financial year, including the establishment plan, and send it to the Executive Board. The European Judicial Network and other networks of the Union involved in cooperation in criminal matters referred to in Article 39 shall be involved on the parts related to their activities in due time before forwarding the estimate to the Commission.

Amendment    145

Proposal for a regulation

Article 49 – paragraph 2

Text proposed by the Commission

Amendment

2.  The College shall, on the basis of that draft, produce a provisional draft estimate of Eurojust's revenue and expenditure for the following financial year.

2.  The Executive Board shall, on the basis of that draft, prepare a provisional draft estimate of Eurojust's revenue and expenditure for the following financial year which shall be forwarded to the College for adoption.

Amendment    146

Proposal for a regulation

Article 49 – paragraph 4

Text proposed by the Commission

Amendment

4.  The Commission shall send the statement of estimates to the European Parliament and the Council (the budgetary authority) together with the draft general budget of the European Union.

4.  The Commission shall send the statement of estimates to the European Parliament and the Council together with the draft general budget of the European Union.

Amendment    147

Proposal for a regulation

Article 49 – paragraph 6

Text proposed by the Commission

Amendment

6.  The budgetary authority shall authorise the appropriations for Eurojust's contribution.

6.  The budgetary authority shall authorise the appropriations for the contribution from the Union to Eurojust.

Amendment    148

Proposal for a regulation

Article 49 – paragraph 9

Text proposed by the Commission

Amendment

9.  For any building project likely to have significant implications for the budget Eurojust shall inform the European Parliament and the Council as early as possible in accordance with the provisions of Article 203 of Regulation (EU, EURATOM) No 966/2012.

9.  For any building project likely to have significant implications for Eurojust's budget Article 88 of delegated Regulation (EU) 1271/2013 shall apply.

Amendment    149

Proposal for a regulation

Article 49 – paragraph 10 – subparagraph 1

Text proposed by the Commission

Amendment

Except in cases of force majeure referred to in Article 203 of Regulation (EU, EURATOM) No 966/2012 the European Parliament and the Council shall deliberate upon the building project within four weeks of its receipt by both institutions.

deleted

Amendment    150

Proposal for a regulation

Article 49 – paragraph 10 – subparagraph 2

Text proposed by the Commission

Amendment

The building project shall be deemed approved at the expiry of this four-week period, unless the European Parliament or the Council take a decision contrary to the proposal within that period of time.

deleted

Amendment    151

Proposal for a regulation

Article 49 – paragraph 10 – subparagraph 3

Text proposed by the Commission

Amendment

If the European Parliament or the Council raise duly justified concerns within that four-week period, that period shall be extended once by two weeks.

deleted

Amendment    152

Proposal for a regulation

Article 49 – paragraph 10 – subparagraph 4

Text proposed by the Commission

Amendment

If the European Parliament or the Council take a decision contrary to the building project, Eurojust shall withdraw its proposal and may submit a new one.

deleted

Amendment    153

Proposal for a regulation

Article 49 – paragraph 11

Text proposed by the Commission

Amendment

11.  Eurojust may finance a budget acquisition project through a loan subject to prior approval of the budgetary authority in accordance with Article 203 of Regulation (EU, EURATOM) No 966/2012.

deleted

Amendment    154

Proposal for a regulation

Article 51 – paragraph 5

Text proposed by the Commission

Amendment

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

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

Amendment    155

Proposal for a regulation

Article 51 – paragraph 6

Text proposed by the Commission

Amendment

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

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

Amendment    156

Proposal for a regulation

Article 51 – paragraph 7

Text proposed by the Commission

Amendment

7.  The Administrative Director shall, by 1 July following each financial year, send the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the College's opinion.

7.  The Administrative Director shall, by 1 July following each financial year, send the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Executive Board's opinion.

Amendment    157

Proposal for a regulation

Article 51 – paragraph 9

Text proposed by the Commission

Amendment

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

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

Amendment    158

Proposal for a regulation

Article 51 – paragraph 12 a (new)

 

Text proposed by the Commission

Amendment

 

12a.  The discharge of the budget of Eurojust shall be given by the European Parliament on the recommendation of the Council following a procedure comparable to that provided for in Article 319 of the Treaty on the Functioning of the European Union and Articles 164 to 166 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council, and based on the audit report of the Court of Auditors.

 

If the European Parliament refuses to grant discharge, the Administrative Director shall tender his resignation to the College, which shall take its final decision in the light of the circumstances.

Amendment    159

Proposal for a regulation

Article 52 – paragraph 1

Text proposed by the Commission

Amendment

The financial rules applicable to Eurojust shall be adopted by the College in accordance with [Regulation 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities] and after consultation with the Commission. They shall not depart from [Regulation 2343/2002] unless such departure is specifically required for Eurojust's operation and the Commission has given its prior consent.

The financial rules applicable to Eurojust shall be adopted by the Executive Board in accordance with delegated Regulation (EU) 1271/2013 of 30 September 2013 on the framework Financial Regulation for the bodies referred to in Article 208 of Regulation (EU) 966/2012 and after consultation with the Commission. They shall not depart from Regulation (EU) 1271/2013 unless such departure is specifically required for Eurojust's operation and the Commission has given its prior consent.

Amendment    160

Proposal for a regulation

Article 52 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

In respect of the financial support to joint investigation teams activities, Eurojust shall establish in cooperation with Europol the rules and conditions upon which the applications shall be processed.

Amendment    161

Proposal for a regulation

Article 54 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The College shall adopt a decision laying down rules on the secondment to Eurojust of national experts.

2.  The College shall adopt a decision laying down rules on the secondment to Eurojust of national experts and on the use of other staff, notably to avoid potential conflicts of interest.

Amendment    162

Proposal for a regulation

Article 54 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a.  Eurojust shall take appropriate administrative measures, inter alia through training and prevention strategies, to avoid conflicts of interest, including relating to post-employment issues.

Amendment    163

Proposal for a regulation

Article 55 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Eurojust shall transmit its Annual Report to the European Parliament, which may present observations and conclusions.

1.  Eurojust shall transmit its Annual Report to the European Parliament and national parliaments, which may present observations and conclusions.

Amendment    164

Proposal for a regulation

Article 55 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

(1a)  Before taking office, the newly appointed President of the College shall be invited to make a statement before the competent committee or committees of the European Parliament and answer questions put by its or their members.

Amendment    165

Proposal for a regulation

Article 55 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The President of the College shall appear before the European Parliament, at their request, to discuss matters relating to Eurojust, and in particular to present its Annual Reports, taking into account the obligations of discretion and confidentiality. Discussions shall not refer directly or indirectly to concrete actions in relation with specific operational cases.

2.  During his or her term of office, the President of the College shall appear before the European Parliament, at their its request, to discuss matters relating to Eurojust, and in particular to present its Annual Reports, taking into account the obligations of discretion and confidentiality. Discussions shall not refer directly or indirectly to concrete actions in relation with specific operational cases.

Amendment    166

Proposal for a regulation

Article 55 – paragraph 3 – introductory part

 

Text proposed by the Commission

Amendment

3.  In addition to the other obligations of information and consultation set out in this regulation, Eurojust shall transmit to the European Parliament for information:

3.  In addition to the other obligations of information and consultation set out in this regulation, Eurojust shall transmit to the European Parliament and to national parliaments in the respective official languages for information:

Amendment    167

Proposal for a regulation

Article 55 – paragraph 3 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(aa)  the annual and multi-annual programming documents

Amendment    168

Proposal for a regulation

Article 55 – paragraph 3 – point c

 

Text proposed by the Commission

Amendment

c)  the annual report of the European Data Protection Supervisor.

deleted

Amendment    169

Proposal for a regulation

Article 55 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Eurojust shall transmit its Annual Report to the national Parliaments. Eurojust shall also transmit to the national Parliaments the documents referred to in paragraph 3.

deleted

Amendment    170

Proposal for a Regulation

Article 55 a (new)

 

Text proposed by the Commission

Amendment

 

Article 55a

 

Opinions on proposed legislative acts

 

The Commission and the Member States concerned may request Eurojust’s opinion on all the proposed legislative acts referred to in Article 76 TFEU.

Justification

This amendment incorporates the provision of Article 32(3) of Council Decision 2002/187/JHA, in accordance with the 2008 amendment, which, inexplicably, is not included in this Commission proposal.

Amendment    171

Proposal for a regulation

Article 58 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a.  The College shall decide by a majority of two-thirds of its members on the internal language arrangements of Eurojust.

Justification

This amendment was introduced to keep the same language arrangements within this Regulation as set out in Regulation (EU) 2016/794.

Amendment    172

Proposal for a regulation

Article 59 – paragraph 1

Text proposed by the Commission

Amendment

1.  The national members, their deputies and their Assistants referred to in Article 7, Eurojust staff, national correspondents and the Data Protection Officer shall be bound by an obligation of confidentiality with respect to any information which has come to their knowledge in the course of the performance of their tasks.

1.  The national members, their deputies and their Assistants referred to in Article 7, Eurojust staff, national correspondents, seconded national experts, liaison magistrates, the Data Protection Officer and members and staff of the European Data Protection Supervisor shall be bound by an obligation of confidentiality with respect to any information which has come to their knowledge in the course of the performance of their tasks.

Amendment    173

Proposal for a regulation

Article 59 – paragraph 4

Text proposed by the Commission

Amendment

4.  The obligation of confidentiality shall apply to all information received by Eurojust, unless that information has already been made public or is accessible to the public.

4.  The obligation of confidentiality shall apply to all information received or exchanged by Eurojust, unless that information has already been made public or is accessible to the public.

Amendment    174

Proposal for a regulation

Article 59 – paragraph 5

Text proposed by the Commission

Amendment

5.  Members and the staff of the European Data Protection Supervisor shall be subject to the obligation of confidentiality with respect to any information which has come to their knowledge in the course of the performance of their tasks.

deleted

Amendment    175

Proposal for a regulation

Article 60 – paragraph 2

Text proposed by the Commission

Amendment

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

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

Amendment    176

Proposal for a regulation

Article 60 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a.  Eurojust shall publish on its website the list of the members of its Executive Board and of its external and in-house experts, together with their respective declarations of interest and curricula vitae. The minutes of the meetings of the College and of the Executive Board shall be systematically published.

Amendment    177

Proposal for a regulation

Article 61 – paragraph 1

Text proposed by the Commission

Amendment

1.  In order to facilitate combating fraud, corruption and other unlawful activities under Regulation (EC) No 1073/1999, within six months from the entry into force of this Regulation, it shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-fraud Office (OLAF) and adopt the appropriate provisions applicable to all the employees of Eurojust using the template set out in the Annex to that Agreement.

1.  In order to facilitate combating fraud, corruption and other unlawful activities under Regulation (EU) 883/2013 within six months from the entry into force of this Regulation, Eurojust shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-fraud Office (OLAF) and adopt the appropriate provisions applicable to all the employees of Eurojust using the template set out in the Annex to that Agreement.

Amendment    178

Proposal for a regulation

Article 61 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The European Court of Auditors shall have the power of audit, on the basis of documents and on the spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds from Eurojust.

2.  The European Court of Auditors shall regularly carry out audits on the compliance and on the performance of Eurojust’s activities, on the basis of documents or on-the-spot checks, over all grant beneficiaries, contractors and subcontractors who have received Union funds from Eurojust.

Amendment    179

Proposal for a regulation

Article 61 – paragraph 3

Text proposed by the Commission

Amendment

3.  OLAF may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EC) No 1073/1999 and Council Regulation (Euratom, EC) No 2185/9622 with a view to establishing whether there have been any irregularities affecting the financial interests of the Union in connection with expenditure funded by Eurojust.

3.  OLAF may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EU) 883/2013 and Council Regulation (Euratom, EC) No 2185/9622 with a view to establishing whether there have been any irregularities affecting the financial interests of the Union in connection with expenditure funded by Eurojust.

__________________

__________________

22 OJ L 292, 15.11.1996, p. 2.

22 OJ L 292, 15.11.1996, p. 2.

Amendment    180

Proposal for a regulation

Article 61 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4a.  The staff of Eurojust, the Administrative Director and the members of the College and Executive Board shall, without delay and without any question of their responsibility being called into question as a result, notify OLAF of any frauds which have come to their attention in the fulfilment of their duties or remit. If they fail to meet this obligation and to inform OLAF of fraud of which they have knowledge, they shall become personally liable for the consequences.

Amendment    181

Proposal for a regulation

Article 62 – title

Text proposed by the Commission

Amendment

Security rules on the protection of classified information

Security rules on the protection of sensitive non-classified and classified information

Amendment    182

Proposal for a regulation

Article 62 – paragraph 1

Text proposed by the Commission

Amendment

Eurojust shall apply the security principles contained in the Commission's security rules for protecting European Union Classified Information (EUCI) and sensitive non-classified information, as set out in the annex to Commission Decision 2001/844/EC, ECSC, Euratom23 . This shall cover, inter alia, provisions for the exchange, processing and storage of such information.

Eurojust shall establish internal rules on the protection of the European Union classified information which shall be consistent with Council Decision 2013/488/EU in order to ensure an equivalent level of protection for such information

__________________

__________________

23 OJ L 317, 3.12.2001, p. 1.

23 OJ L 317, 3.12.2001, p. 1.

Amendment    183

Proposal for a regulation

Article 62 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

Eurojust shall establish internal rules on the handling and confidentiality of information and on the protection of sensitive non-classified information, including the creation and processing of such information at Eurojust.

Amendment    184

Proposal for a regulation

Article 64 – paragraph 3

Text proposed by the Commission

Amendment

3.  In the case of non-contractual liability, Eurojust shall, in accordance with the general principles common to the laws of the Member States and independently of any liability under Article 37, make good any damage caused by the College or the staff of Eurojust in the performance of their duties.

3.  In the case of non-contractual liability, Eurojust shall, in accordance with the general principles common to the laws of the Member States and independently of any liability under Union law, make good any damage caused by the College or the staff of Eurojust in the performance of their duties.

Justification

Article 37 is deleted because it is already covered by the new Regulation 45/2001.

Amendment    185

Proposal for a regulation

Annex I – paragraph 1 – indent 2

Text proposed by the Commission

Amendment

–  terrorism;

–  terrorism, terrorist offences, offences related to a terrorist group and offences related to terrorist activities:

Justification

The addition is necesarry in order to align this list with the directive (EU) 2017/541 on combating terrorism.

Amendment    186

Proposal for a regulation

Annex I – paragraph 1 – indent 4

Text proposed by the Commission

Amendment

–  money-laundering;

–  money-laundering activities;

Justification

The list of forms of serious crime which Eurojust is competent to deal should be in line with the list of crimes referred in the Europol Regulation (EU) 2016/794. The Change was introduced to keep the annexes consistent and the coherence between both legal instruments.

Amendment    187

Proposal for a regulation

Annex I – paragraph 1 – indent 7

Text proposed by the Commission

Amendment

–  murder, grievous bodily injury;

–  murder and grievous bodily injury;

Justification

The list of forms of serious crime which Eurojust is competent to deal should be in line with the list of crimes referred in the Europol Regulation (EU) 2016/794. The Change was introduced to keep the annexes consistent and the coherence between both legal instruments.

Amendment    188

Proposal for a regulation

Annex I – paragraph 1 – indent 11

Text proposed by the Commission

Amendment

–  organised robbery;

–  robbery and aggravated theft;

Justification

The list of forms of serious crime which Eurojust is competent to deal should be in line with the list of crimes referred in the Europol Regulation (EU) 2016/794. The Change was introduced to keep the annexes consistent and the coherence between both legal instruments.

Amendment    189

Proposal for a regulation

Annex I – paragraph 1 – indent 20

Text proposed by the Commission

Amendment

–  illegal immigrant smuggling;

–  immigrant smuggling;

Justification

The list of forms of serious crime which Eurojust is competent to deal should be in line with the list of crimes referred in the Europol Regulation (EU) 2016/794. The Change was introduced to keep the annexes consistent and the coherence between both legal instruments.

Amendment    190

Proposal for a regulation

Annex I – paragraph 1 – indent 26

Text proposed by the Commission

Amendment

–  illicit trafficking in endangered animal species;

–  illicit trafficking in animal species, including endangered species;

Amendment    191

Proposal for a regulation

Annex I – paragraph 1 – indent 28

Text proposed by the Commission

Amendment

–  environmental crime;

–  environmental crime, including ship-source pollution;

Justification

The list of forms of serious crime which Eurojust is competent to deal should be in line with the list of crimes referred in the Europol Regulation (EU) 2016/794. The Change was introduced to keep the annexes consistent and the coherence between both legal instruments.

Amendment    192

Proposal for a regulation

Annex I – paragraph 1 – indent 29

Text proposed by the Commission

Amendment

  ship-source pollution;

deleted

Justification

The list of forms of serious crime which Eurojust is competent to deal should be in line with the list of crimes referred in the Europol Regulation (EU) 2016/794. The Change was introduced to keep the annexes consistent and the coherence between both legal instruments.

Amendment    193

Proposal for a regulation

Annex I – paragraph 1 – indent 30 a (new)

Text proposed by the Commission

Amendment

 

  sexual abuse and sexual exploitation, including child abuse material and solicitation of children for sexual purposes;

Justification

The list of forms of serious crime which Eurojust is competent to deal should be in line with the list of crimes referred in the Europol Regulation (EU) 2016/794. The Change was introduced to keep the annexes consistent and the coherence between both legal instruments.

(1)

  Council Regulation No 31 (EEC), 11 (EAEC) of 18 December 1961 laying down the Staff Regulations for Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community, OJ P 045, 14.6.1962, p. 1385, as amended, in particular, by Council Regulation 259/68, of 29 February 1968 (OJ L 56, 4.3.1968, p. 1), as itself subsequently amended.

(2)

  Council Regulation No 31 (EEC), 11 (EAEC) of 18 December 1961 laying down the Staff Regulations for Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community, OJ P 045, 14.6.1962, p. 1385, as amended, in particular, by Council Regulation 259/68, of 29 February 1968 (OJ L 56, 4.3.1968, p. 1), as itself subsequently amended.


EXPLANATORY STATEMENT

The European Union Agency for Criminal Justice Cooperation (Eurojust) was set up by Council Decision 2002/187/JHA to reinforce the fight against serious organised crime in the European Union. Since then, Eurojust has facilitated coordination and cooperation between national investigative and prosecutorial authorities in dealing with cases affecting a number of Member States. It has helped to build mutual trust and to bridge the EU’s wide variety of legal systems and traditions. By rapidly solving legal problems and identifying competent authorities in other countries, Eurojust has facilitated the execution of requests for cooperation and the application of mutual recognition instruments, thereby improving cross-border prosecution.

On 17 July 2013 the European Commission submitted a proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Criminal Justice Cooperation (Eurojust). The proposed Regulation is subject to the ordinary legislative procedure. The Council has adopted a partial general approach with the exception of the provisions relating the Public Prosecutor’s Office (EPPO).

As the Commission stresses in its proposal for a regulation, organised cross-border crime has ‘exploded’ in the past 10 years. This is particularly true of terrorism, drug dealing, cybercrime and child pornography. These are cross-border crimes committed by extremely mobile, flexible groups which are active in many Member States and areas of crime and which, according to the Commission, should be tackled with a ‘pan-European strategy’. Against this background, the role of Eurojust in improving the judicial cooperation and coordination of the relevant judicial authorities of the Member States and in supporting investigations involving non-EU countries remains extremely crucial.

In general, the rapporteur is in favour with the Council position so far and therefore aligned a crucial part of his rapport with the Council partial general approach. In particular as the enhanced cooperation on the EPPO was adopted in Council, open articles and provisions in the Eurojust text have only to be aligned.

Relations with the European Public Prosecutor’s Office

In the same context the Commission proposed wide-ranging measures aimed at the creation of an EPPO. A reform of Eurojust was needed since Article 86(1) TFEU lays down that the European Public Prosecutor’s Office shall be established ‘from Eurojust’. As the Council failed to establish the EPPO by unanimity, 19 Member States notified their interest in taking part in the enhanced cooperation.

In principal, the rapporteur is in favour of the creation of EPPO, as long as the principles of proportionality and subsidiarity are adhered to, with the system whereby prosecutions are carried out at Member State level. However, the rapporteur regrets that the EPPO will be established via enhanced cooperation. Only the creation of the EPPO by unanimity would have been a true added value to the JHA of the EU.

In general this Regulation includes the provisions necessary to regulate the relations between Eurojust and the EPPO.

Therefore, competences must be defined clearly and in such a way as to ensure legal certainty. This will avoid gaps in the prosecution system and the duplication of procedures.

In light of the fact that the EPPO will not have exclusive but shared competence over offences affecting the financial interest of the Union, the rapporteur would like to highlight a possible conflict of competences on this point and calls on the co-legislators to stick to precise definitions and delimitation of the competences.

The tasks and competence of Eurojust are laid down in Chapter 1 of the proposal, with a list of the forms of serious crime which, according to Article 3(1), fall within Eurojust’s remit, appearing in Annex 1.

Eurojust remains in any case competent for crimes affecting the financial interest of the Union whenever the EPPO is not competent. This means, Eurojust remains competent to support Member States which do not participate in the enhanced cooperation on the establishment of the EPPO in all cases regarding offences affecting the financial interest of the Union.

Data protection

The Regulation foresees specific data protection provisions for the processing of data. In particular the rapporteur welcomes the differentiation between operational personal data and administrative personal data introduced by the Council. This Regulation should only provide data protection rules for the processing of personal data for operational purposes. Regulation (EC) 45/2001 shall apply to all administrative personal data held by Eurojust. This same specific data protection regime applies to Europol set out in Regulation (EU) 2016/794 and the EPPO. Declaration 21 attached to the Treaties acknowledges that specific rules on the protection of personal data and the free movement of such data in the fields of judicial cooperation in criminal matters and police cooperation based on Article 16 of TFEU may prove necessary because of the specific nature of JHA. The rapporteur strongly warns the co-legislators to widen the scope to operational data under the current reform of Regulation (EC) 45/2001.

Structure and organisation of Eurojust

Eurojust comprises one National Member from each Member State. Members are judges, prosecutors or police officers of equivalent competence.

The College undertakes operational, support and coordination tasks in connection with national investigations. These are its ‘core business’. The College is generally made up of all the National Members. The Council strengthened the separation between the operational and administrative tasks by attributing all management competences to the Executive Board. The rapporteur followed this approach. The intention is to make Eurojust function efficiently and economically, with the National Members being supported by the Executive Board, leaving them to concentrate on their operational tasks. However, Council and the rapporteur decided to limit the presence of one Commission’s representative in the Executive Board in order to be in line with regulation (EU) 2016/794.

Brexit, Ireland and Denmark

The United Kingdom and Ireland have not notified their wish to take part in the adoption and application of this Regulation as provided under Article 3 of the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the treaties.

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the treaties, Denmark does not take part in the adoption of the proposed Regulation will not be bound by the subject to its application.

The rapporteur regrets that the abovementioned countries do not wish to take part in the adoption of the proposed Regulation. Therefore he suggests to consider to negotiate Cooperation Agreements between Eurojust and these Member States, well knowing that normally Cooperation Agreements are concluded with third countries. However, the rapporteur wishes to underline that cooperation in the field of JHA is of utmost importance in order to fight cross-border crime.

Conclusion

The rapporteur comes to the conclusion that the draft proposal has to be aligned with the partial general approach of the Council and the EPPO Regulation. Moreover the data protection provisions need to be updated. Furthermore, in regard to competences and in particular when it comes to offences affecting the financial interests of the Union precise definitions and delimitation of the competences between the EPPO and Eurojust are of utmost importance.


OPINION of the Committee on Budgetary Control (15.9.2017)

for the Committee on Civil Liberties, Justice and Home Affairs

on the proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Criminal Justice Cooperation (Eurojust)

(COM(2013)0535 – C7‑0240/2013 – 2013/0256(COD))

Rapporteur: Ingeborg Gräßle

AMENDMENTS

The Committee on Budgetary Control calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a regulation

Recital 5

 

Text proposed by the Commission

Amendment

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

(5)  As the European Public Prosecutor’s Office is established by enhanced co-operation, the Regulation implementing enhanced co-operation on the establishment of the European Prosecutor’s Office is binding only for those Member States that participate in enhanced co-operation. Therefore, for those Member States not participating in the European Public Prosecutor’s Office, Eurojust remains fully competent for crimes affecting the Union’s financial interests. For those Member States participating in the European Prosecutor’s Office, Eurojust should be able to support national authorities when they are investigating and prosecuting these forms of crime in accordance with the Regulation establishing the European Public Prosecutor’s Office.

Amendment    2

Proposal for a regulation

Recital 5 a (new)

 

Text proposed by the Commission

Amendment

 

(5a)  The division of competences between the European Public Prosecutor’s Office and Eurojust with respect to crimes affecting the financial interests of the Union needs to be clearly established. Eurojust should be able to exercise its competence in cases involving both Member States participating in enhanced cooperation on the establishment of the European Public Prosecutor’s Office and Member States which do not. In such cases, Eurojust should act at the request of those non-participating Member States or at the request of the European Public Prosecutor’s Office. Eurojust remains in any case competent for offences affecting the financial interests of the Union whenever the European Public Prosecutor’s Office is not competent or, being competent, does not exercise its competence. The Member States which do not participate in enhanced cooperation on the establishment of the European Public Prosecutor’s Office may continue to request Eurojust’s support in all cases regarding offences affecting the financial interests of the Union.

Amendment    3

Proposal for a regulation

Recital 12

 

Text proposed by the Commission

Amendment

(12)  It is necessary to provide Eurojust with an administrative and management structure that allows it to perform its tasks more effectively and respects the principles applicable to Union agencies whilst maintaining Eurojust's special characteristics and safeguarding its independence in the exercise of its operational functions. To this end, the functions of the national members, the College and the Administrative Director should be clarified and an Executive Board established.

(12)  It is necessary to provide Eurojust with an administrative and management structure that allows it to perform its tasks more effectively, always in line with the Charter of Fundamental Rights of the European Union, and respects the principles applicable to Union agencies whilst maintaining Eurojust's special characteristics and safeguarding its independence in the exercise of its operational functions. To this end, the functions of the national members, the College and the Administrative Director should be clarified and an Executive Board established.

Amendment    4

Proposal for a regulation

Recital 15

 

Text proposed by the Commission

Amendment

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

(15)  The Commission should be represented in the College when it discusses or adopts administrative issues and in the Executive Board, to ensure non-operational supervision and strategic guidance of Eurojust.

Amendment    5

Proposal for a regulation

Recital 30

 

Text proposed by the Commission

Amendment

(30)  To guarantee the full autonomy and independence of Eurojust, it should be granted an autonomous budget, with revenue coming essentially from a contribution from the budget of the Union, except as regards the salaries and emoluments of the national members and assisting persons, which are borne by their Member State of origin. The Union budgetary procedure should be applicable as far as the Union contribution and other subsidies chargeable to the general budget of the Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors.

(30)  To guarantee the full autonomy and independence of Eurojust, it should be granted an autonomous budget, with revenue coming essentially from a contribution from the budget of the Union, except as regards the salaries and emoluments of the national members and assisting persons, which are borne by their Member State of origin. The Union budgetary procedure should be applicable as far as the Union contribution and other subsidies chargeable to the general budget of the Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors and approved by the Committee on Budgetary Control of the European Parliament.

Amendment    6

Proposal for a regulation

Recital 30

 

Text proposed by the Commission

Amendment

(30)  To guarantee the full autonomy and independence of Eurojust, it should be granted an autonomous budget, with revenue coming essentially from a contribution from the budget of the Union, except as regards the salaries and emoluments of the national members and assisting persons, which are borne by their Member State of origin. The Union budgetary procedure should be applicable as far as the Union contribution and other subsidies chargeable to the general budget of the Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors.

(30)  To guarantee the full autonomy and independence of Eurojust, it should be granted an autonomous budget sufficient to properly carry out its work, with revenue coming essentially from a contribution from the budget of the Union, except as regards the salaries and emoluments of the national members and assisting persons, which are borne by their Member State of origin. The Union budgetary procedure should be applicable as far as the Union contribution and other subsidies chargeable to the general budget of the Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors.

Amendment    7

Proposal for a regulation

Article 3 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Eurojust’s competence shall cover the forms of crime listed in Annex 1. However, its competence shall not include the crimes for which the European Public Prosecutor’s Office is competent.

1.  Eurojust’s competence shall cover the forms of crime listed in Annex 1. However, Eurojust shall not, in general, exercise its competence in respect of crimes for which the European Public Prosecutor’s Office exercises its competence. As an exception to this general rule, Eurojust shall exercise its competence in criminal cases:

 

  involving Member States participating in enhanced cooperation, but in respect of which the European Public Prosecutor’s Office does not exercise its competence,

 

  involving Member States which do not participate in enhanced cooperation on the establishment of that Office, at the request of those Member States or at the request of the European Public Prosecutor’s Office.

 

To this end, Eurojust, the European Public Prosecutor’s Office and the Member States concerned shall consult and cooperate with each other. The practical details on the exercise of competence in accordance with this paragraph shall be regulated by a working arrangement as referred to in Article 38(2a).

Amendment    8

Proposal for a regulation

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

 

Text proposed by the Commission

Amendment

 

(ea)  support the Union centres of specialised expertise developed by Europol and other Union bodies;

Amendment    9

Proposal for a regulation

Article 4 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2.  In the exercise of its tasks, Eurojust may ask the competent authorities of the Member States concerned, giving its reasons, to:

2.  In the exercise of its tasks, Eurojust might ask the competent authorities of the Member States concerned, giving its reasons, to:

Amendment    10

Proposal for a regulation

Article 4 – paragraph 3 – introductory part

 

Text proposed by the Commission

Amendment

3.  Eurojust may also:

3.  Eurojust might also:

Amendment    11

Proposal for a regulation

Article 8 – paragraph 2 – point b a (new)

 

Text proposed by the Commission

Amendment

 

(ba)  participate, as necessary, in joint investigation teams including in their setting up;

Amendment    12

Proposal for a regulation

Article 10 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1.  The College shall be composed of:

1.  The College shall be composed of all the national members for operational matters, and additionally, when management or administrative issues are discussed or adopted, two representatives of the Commission.

Amendment    13

Proposal for a regulation

Article 10 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a)  all the national members when the College exercises its operational functions under Article 4;

deleted

Amendment    14

Proposal for a regulation

Article 10 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b)  all the national members and two representatives of the Commission when the College exercises its management functions under Article 14.

deleted

Amendment    15

Proposal for a regulation

Article 13 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Unless stated otherwise, the College shall take its decisions by a majority of its members.

1.  Unless stated otherwise, and where a consensus cannot be reached, the College shall take its decisions by a majority of its members.

Amendment    16

Proposal for a regulation

Article 14 – paragraph 1 – point f

 

Text proposed by the Commission

Amendment

(f)  adopt rules for the prevention and management of conflicts of interest in respect of its members;

(f)  adopt rules for the detection and prevention or management of conflicts of interest in respect of its members;

Amendment    17

Proposal for a regulation

Article 14 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The College shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Administrative Director and defining the conditions under which this delegation of powers can be suspended. The Administrative Director shall be authorised to sub-delegate these powers.

2.  The College shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Administrative Director and defining the conditions under which this delegation of powers can be suspended. The Administrative Director shall be authorised to sub-delegate these powers. The Administrative Director shall report at the next meeting of the College on the delegation or sub-delegation of these powers.

Amendment    18

Proposal for a regulation

Article 14 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Where exceptional circumstances so require, the College may temporarily decide to suspend the delegation of the appointing authority powers to the Administrative Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Administrative Director.

3.  Where exceptional circumstances so require, the College may, by motivated decision, temporarily decide to suspend the delegation of the appointing authority powers to the Administrative Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member of Eurojust other than the Administrative Director. The College shall inform the Commission and the European Parliament of such suspension decisions in writing within five working days, provide detailed reasons and specify the implementing rules of new or temporary provisions with regard to the management of the Agency.

Amendment    19

Proposal for a regulation

Article 17 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The Administrative Director shall be appointed by the College from a list of candidates proposed by the Commission, following an open and transparent selection procedure. For the purpose of concluding the contract of the Administrative Director, Eurojust shall be represented by the President of the College.

2.  The Administrative Director shall be appointed by the College on the grounds of merit, documented administrative and managerial skills andrelevent experience, from a list of candidates proposed by the Commission, following the publication of a call for expressions of interest in the Official Journal of the European Union and other sources, in accordance with the Rules of Procedure of Eurojust, and an open and transparent competition. The College shall decide in accordance with the opinion of the European Parliament based on the joint recommendation of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Budgetary Control.

Amendment    20

Proposal for a regulation

Article 17 – paragraph 2 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

Before being appointed, the candidate selected by the College shall answer questions by the members of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Budgetary Control of the European Parliament.

Amendment    21

Proposal for a regulation

Article 17 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The term of office of the Administrative Director shall be five years. By the end of this period, the Commission shall undertake an assessment which takes into account an evaluation of the performance of the Administrative Director.

3.  The term of office of the Administrative Director shall be four years. By the end of this period, the Commission shall undertake an assessment which takes into account an evaluation of the performance of the Administrative Director.

Amendment    22

Proposal for a regulation

Article 17 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The College, acting on a proposal from the Commission which takes into account the assessment referred to in paragraph 3, may extend once the term of office of the Administrative Director for no more than five years.

4.  The College, acting on a proposal from the Commission which takes into account the assessment referred to in paragraph 3, may extend once the term of office of the Administrative Director for no more than four years.

Amendment    23

Proposal for a regulation

Article 17 – paragraph 6

 

Text proposed by the Commission

Amendment

6.  The Administrative Director shall be accountable to the College and the Executive Board.

6.  The Administrative Director shall be accountable to the College.

Amendment    24

Proposal for a regulation

Article 17 – paragraph 7

 

Text proposed by the Commission

Amendment

7.  The Administrative Director may be removed from the office only upon a decision of the College acting on a proposal from the Commission.

7.  The Administrative Director may be removed from the office only upon a decision of the College on the basis of a two-thirds majority of its members acting on a proposal of the Commission.

Amendment    25

Proposal for a regulation

Article 18 – paragraph 4 – point f

 

Text proposed by the Commission

Amendment

f)  preparing an action plan following-up on the conclusions of the internal or external audit reports, evaluations and investigations, including those of the European Data Protection Supervisor and OLAF and reporting on progress twice a year to the Executive Board, the Commission and the European Data Protection Supervisor;

f)  preparing an action plan following-up on the conclusions of the internal or external audit reports, evaluations and investigations, including those of the European Data Protection Supervisor and OLAF and reporting on progress twice a year to the Executive Board, the Commission, the European Parliament and the European Data Protection Supervisor;

Amendment    26

Proposal for a regulation

Article 18 – paragraph 4 – point j a (new)

 

Text proposed by the Commission

Amendment

 

ja)  establishing, within six months of being set up, a strategy for preventing and managing conflicts of interests;

Amendment    27

Proposal for a regulation

Article 18 – paragraph 4 – point j b (new)

 

Text proposed by the Commission

Amendment

 

jb)  preparing a strategy on the protection of whistle-blowers.

Amendment    28

Proposal for a regulation

Article 18 – paragraph 4 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

The Administrative Director shall submit each strategy to the Executive Board. The Administrative Director shall establish regular review exercises for each strategy (anti-fraud strategy, prevention and management of conflicts of interests and protection of whistle-blowers) and its respective implementing rules. The first review shall take place within six months from the establishment of the three strategies.

Amendment    29

Proposal for a regulation

Article 41 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Eurojust shall establish and maintain a special relationship with the European Public Prosecutor’s Office based on close cooperation and the development of operational, administrative and management links between them as defined below. To this end, the European Public Prosecutor and the President of Eurojust shall meet on a regular basis to discuss issues of common concern.

1.  Eurojust shall establish and maintain a special relationship with the European Public Prosecutor’s Office based on close cooperation and the development of operational, administrative and management links between them as defined below. To this end, the European Public Prosecutor and the President of Eurojust shall meet on a regular basis to discuss issues of common concern and establish an action plan on the protection of financial interests of the Union which shall take into account their respective fields of competence.

Amendment    30

Proposal for a regulation

Article 41 – paragraph 7 – subparagraph 1 – introductory part

 

Text proposed by the Commission

Amendment

Eurojust shall support the functioning of the European Public Prosecutor’s Office through services to be supplied by its staff. Such support shall in any case include:

The European Public Prosecutor’s Office may rely on the support and resources of the administration of Eurojust. To this end, Eurojust may provide services of common interest to the European Public Prosecutor’s Office.

 

The details of the services to be provided shall be laid down in an agreement between Eurojust and the European Public Prosecutor’s Office.

Amendment    31

Proposal for a regulation

Article 41 – paragraph 7 – subparagraph 1 – point a

 

Text proposed by the Commission

Amendment

a)  technical support in the preparation of the annual budget, the programming document containing the annual and multiannual programming and the management plan;

deleted

Amendment    32

Proposal for a regulation

Article 41 – paragraph 7 – subparagraph 1 – point b

 

Text proposed by the Commission

Amendment

b)  technical support in staff recruitment and career-management;

deleted

Amendment    33

Proposal for a regulation

Article 41 – paragraph 7 – subparagraph 1 – point c

 

Text proposed by the Commission

Amendment

c)  security services;

deleted

Amendment    34

Proposal for a regulation

Article 41 – paragraph 7 – subparagraph 1 – point d

 

Text proposed by the Commission

Amendment

d)  Information Technology services;

deleted

Amendment    35

Proposal for a regulation

Article 41 – paragraph 7 – subparagraph 1 – point e

 

Text proposed by the Commission

Amendment

e)  financial management, accounting and audit services;

deleted

Amendment    36

Proposal for a regulation

Article 41 – paragraph 7 – subparagraph 1 – point f

 

Text proposed by the Commission

Amendment

f)  any other services of common interest.

deleted

Amendment    37

Proposal for a regulation

Article 41 – paragraph 7 – subparagraph 2

 

Text proposed by the Commission

Amendment

The details of the services to be provided shall be laid down in an agreement between Eurojust and the European Public Prosecutor’s Office.

deleted

Amendment    38

Proposal for a regulation

Article 42 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  OLAF may contribute to Eurojust’s coordination work regarding the protection of the financial interests of the Union, in accordance with its mandate under Regulation (EU, Euratom) of the European Parliament and of the Council No .../2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999.

2.  OLAF may contribute to Eurojust’s coordination work regarding the protection of the financial interests of the Union, in accordance with its mandate under Regulation (EU, Euratom) of the European Parliament and of the Council No 883/2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999.

Amendment    39

Proposal for a regulation

Article 42 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  For purposes of the receipt and transmission of information between Eurojust and OLAF, and without prejudice to Article 8, Member States shall ensure that the national members of Eurojust shall be regarded as competent authorities of the Member States solely for the purposes of Regulation (EC) No 1073/1999 and Council Regulation (Euratom) No 1074/199919 . The exchange of information between OLAF and national members shall be without prejudice to the information which must be given to other competent authorities under those Regulations.

3.  For purposes of the receipt and transmission of information between Eurojust and OLAF, and without prejudice to Article 8, Member States shall ensure that the national members of Eurojust shall be regarded as competent authorities of the Member States solely for the purposes of Regulation (EU, Euratom) of the European Parliament and of the Council No 883/2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF).The exchange of information between OLAF and national members shall be without prejudice to the information which must be given to other competent authorities under those Regulations.

_________________

 

19 OJ L 136, 31.5.1999, p. 8.

 

Amendment    40

Proposal for a regulation

Article 43 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Eurojust may establish working arrangements with the entities referred to in Article 38(1).

1.  Eurojust may establish Memoranda of Understanding with the entities referred to in Article 38(1).

Amendment    41

Proposal for a regulation

Article 45 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2.  By way of derogation from paragraph 1, Eurojust may authorise the transfer of personal data to third countries or international organisations or Interpol on a case-by-case basis if:

2.  By way of derogation from paragraph 1, Eurojust may authorise the transfer of personal data to third countries or international organisations or Interpol on a case-by-case basis only if one or more of the following conditions are met:

Amendment    42

Proposal for a regulation

Article 45 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

(c)  the transfer is otherwise necessary or legally required on important public interest grounds of the Union or its Member States, as recognised by Union law or by national law, or for the establishment, exercise or defence of legal claims; or

(c)  the transfer is otherwise necessary or legally required on important public interest grounds of the Union or its Member States, as recognised by Union law or by national law, or for the establishment, exercise or defence of legal claims;

Amendment    43

Proposal for a regulation

Article 49 – paragraph 6

 

Text proposed by the Commission

Amendment

6.  The budgetary authority shall authorise the appropriations for Eurojust’s contribution.

6.  The budgetary authority shall authorise the appropriations for the contribution from the Union to Eurojust.

Amendment    44

Proposal for a regulation

Article 51 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  By 1 March following each financial year, Eurojust’s Accounting Officer shall send the provisional accounts to the Commission’s Accounting Officer and the Court of Auditors.

1.  By 1 March following each financial year, Eurojust’s Accounting Officer shall send the provisional accounts to each of the Commission’s Accounting Officer and the Court of Auditors.

Amendment    45

Proposal for a regulation

Article 51 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  Eurojust shall send the report on the budgetary and financial management to the European Parliament, the Council and the Court of Auditors, by 31 March of the following financial year.

2.  Eurojust shall send the report on the budgetary and financial management to each of the European Parliament, the Council and the Court of Auditors, by 31 March of the following financial year.

Amendment    46

Proposal for a regulation

Article 51 – paragraph 12 a (new)

 

Text proposed by the Commission

Amendment

 

12a.  The discharge of the budget of Eurojust shall be given by the European Parliament on the recommendation of the Council following a procedure comparable to that provided for in Article 319 of the Treaty on the Functioning of the European Union and Articles 164 to 166 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council, and based on the audit report of the Court of Auditors.

 

If the European Parliament refuses to grant discharge, the Administrative Director shall tender his resignation to the College, which shall take its final decision in the light of the circumstances.

Amendment    47

Proposal for a regulation

Article 54 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The College shall adopt a decision laying down rules on the secondment to Eurojust of national experts.

2.  The College shall adopt a decision laying down rules on the secondment to Eurojust of national experts and on the use of other staff, notably to avoid potential conflicts of interest.

Amendment    48

Proposal for a regulation

Article 54 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a.  Eurojust shall take appropriate administrative measures, inter alia through training and prevention strategies, to avoid conflicts of interest, including relating to post-employment issues.

Amendment    49

Proposal for a regulation

Article 55 – paragraph 3 – introductory part

 

Text proposed by the Commission

Amendment

3.  In addition to the other obligations of information and consultation set out in this regulation, Eurojust shall transmit to the European Parliament for information:

3.  In addition to the other obligations of information and consultation set out in this regulation, Eurojust shall transmit to the European Parliament and to national parliaments in the respective official languages for information:

Amendment    50

Proposal for a regulation

Article 60 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a.  Eurojust shall publish on its website the list of the members of its Executive Board and of its external and in-house experts, together with their respective declarations of interest and curricula vitae. The minutes of the meetings of the College and of the Executive Board shall be systematically published.

Amendment    51

Proposal for a regulation

Article 61 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  In order to facilitate combating fraud, corruption and other unlawful activities under Regulation (EC) No 1073/1999, within six months from the entry into force of this Regulation, it shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-fraud Office (OLAF) and adopt the appropriate provisions applicable to all the employees of Eurojust using the template set out in the Annex to that Agreement.

1.  In order to facilitate combating fraud, corruption and other unlawful activities under Regulation (EU) 883/2013, within six months from the entry into force of this Regulation, Eurojust shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-fraud Office (OLAF) and adopt the appropriate provisions applicable to all the employees of Eurojust using the template set out in the Annex to that Agreement.

Amendment    52

Proposal for a regulation

Article 61 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The European Court of Auditors shall have the power of audit, on the basis of documents and on the spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds from Eurojust.

2.  The European Court of Auditors shall regularly carry out audits on the compliance and on the performance of Eurojust’s activities, on the basis of documents or on-the-spot checks, over all grant beneficiaries, contractors and subcontractors who have received Union funds from Eurojust.

Amendment    53

Proposal for a regulation

Article 61 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  OLAF may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EC) No 1073/1999 and Council Regulation (Euratom, EC) No 2185/9622 with a view to establishing whether there have been any irregularities affecting the financial interests of the Union in connection with expenditure funded by Eurojust.

3.  OLAF may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EU) 883/2013 and Council Regulation (Euratom, EC) No 2185/9622 with a view to establishing whether there have been any irregularities affecting the financial interests of the Union in connection with expenditure funded by Eurojust.

_________________

_________________

22 OJ L 292, 15.11.1996, p. 2.

22 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).

Amendment    54

Proposal for a regulation

Article 61 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4a.  The staff of Eurojust, the Administrative Director and the members of the College and Executive Board shall, without delay and without any question of their responsibility being called into question as a result, notify OLAF of any frauds which have come to their attention in the fulfilment of their duties or remit. If they fail to meet this obligation and to inform OLAF of fraud of which they have knowledge, they shall become personally liable for the consequences.

Amendment    55

Proposal for a regulation

Annex II – point 1 – point d

 

Text proposed by the Commission

Amendment

(d)  sex;

(d)  gender;

Amendment    56

Proposal for a regulation

Annex II – point 2 – point d

 

Text proposed by the Commission

Amendment

(d)  sex;

(d)  gender;

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

EU Agency for Criminal Justice Cooperation (Eurojust)

References

COM(2013)0535 – C7-0240/2013 – 2013/0256(COD)

Committee responsible

       Date announced in plenary

LIBE

10.9.2013

 

 

 

Opinion by

       Date announced in plenary

CONT

10.9.2013

Rapporteur

       Date appointed

Ingeborg Gräßle

6.5.2015

Previous rapporteur

Monika Hohlmeier

Discussed in committee

13.7.2017

 

 

 

Date adopted

11.9.2017

 

 

 

Result of final vote

+:

–:

0:

15

1

0

Members present for the final vote

Nedzhmi Ali, Dennis de Jong, Ingeborg Gräßle, Arndt Kohn, José Ignacio Salafranca Sánchez-Neyra, Petri Sarvamaa, Claudia Schmidt, Bart Staes, Hannu Takkula, Derek Vaughan, Tomáš Zdechovský, Joachim Zeller

Substitutes present for the final vote

Julia Pitera

Substitutes under Rule 200(2) present for the final vote

Eider Gardiazabal Rubial, John Howarth, Isabelle Thomas

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

15

+

ALDE

 

PPE

 

 

S&D

 

 

Verts/ALE

Nedzhmi Ali, Hannu Takkula

 

Ingeborg Gräßle, Julia Pitera, José Ignacio Salafranca Sánchez-Neyra, Petri Sarvamaa, Claudia Schmidt, Tomáš Zdechovský, Joachim Zeller

 

Eider Gardiazabal Rubial, John Howarth, Arndt Kohn, Isabelle Thomas, Derek Vaughan

 

Bart Staes

1

-

GUE/NGL

Dennis de Jong

0

0

 

 

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention


OPINION of the Committee on Legal Affairs (11.10.2017)

for the Committee on Civil Liberties, Justice and Home Affairs

on the proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Criminal Justice Cooperation (Eurojust)

(COM(2013)0535 – C7‑0240/2013 – 2013/0256(COD))

Rapporteur: António Marinho e Pinto

SHORT JUSTIFICATION

European integration in political and economic matters calls for full integration in the area of the judiciary and justice in general.

Political bodies should not interfere with the work of the judicial authorities, hence why your Rapporteur considers that the European Commission should not be involved in Eurojust’s decision-making process.

Crime, particularly of an economic nature, is an obstacle to economic and social development given that it breaches the laws of social coexistence and distorts market rules. It must be effectively combated by means of appropriate legislation and courts that act swiftly and impartially.

The general focus of the European Commission (EC) proposal is that the European Public Prosecutor’s Office (EPPO) is not a Eurojust member and that it can only attend meetings as an observer, ‘without the right to vote’, in accordance with Article 12(2) and Article16(7).

However, in accordance with Article 86(1) TFEU, the EPPO should come ‘from Eurojust’, and therefore, in order to maintain that link and ensure that an effective stop is put to cross-border crime, the EPPO should be a member of Eurojust.

Article 41(2) of the proposal provides that ‘Eurojust shall treat any request for support emanating from the European Public Prosecutor’s Office without undue delay, and shall deal with such requests, where appropriate, as if they had been received from a national authority competent for judicial cooperation’. Nevertheless, Eurojust and the EPPO should cooperate more closely.

Annex 1 to the proposal lists the forms of serious crime that fall within Eurojust’s jurisdiction. They include ‘crime against the financial interests of the Union’.

However, Article 3(1) of the proposal states that Eurojust’s competence 'shall not include the crimes for which the European Public Prosecutor’s Office is competent’.

Those crimes are described in Article 86 TFEU precisely as ‘offences against the Union’s financial interests’, which increases the probability of a possible conflict of jurisdiction between the bodies.

The Commission considers that in cases concerning both the Union’s financial interests and those of the Member States, in accordance with Article 13 of the proposal for a Council Regulation on the establishment of the European Public Prosecutor’s Office (COM (2013) 534), such crimes can be referred back to the national authorities.

In such cases, Eurojust can act as coordinator, as it is also competent for crimes which may concern the Union’s financial interests.

This explanation offered by the Commission, however, does not hold water, as:

(a) the establishment of the EPPO is still under discussion and it is not likely that the solution in Article 13 will be kept in the final version;

(b) in any case, the EPPO will only be active in a limited number of Member States (with closer cooperation);

(c) that procedure may be too slow to be effective.

Although the proposal reaffirms ‘the full autonomy and independence of Eurojust’ (see Recital 30), the Commission would like to make Eurojust an EU agency, subject to the common approach of the agencies agreed on by Parliament, the Council and the Commission in 2012.

That vision includes, for example, the participation of two Commission representatives in Eurojust’s administrative acts, 'management tasks’ (see Article 10(1)(b) and Article 16(4)).

According to the Commission opinion, however, those tasks also include electing Eurojust’s Presidents and Vice-Presidents (Article 14(1)(k), which, clearly, involves more than just administrative tasks.

Article 17(2) provides that the Administrative Director shall be appointed by the College of Eurojust from a list of candidates proposed by the Commission, thus restricting the College’s choice.

The proposal makes no mention of the resolution of conflicts of jurisdiction, which is one of Eurojust’s main tasks pursuant to Article 85(1)(c) TFEU.

The proposal fails to mention how it fits in with Council Framework Decision 2009/948/JHA, which is intended to improve judicial cooperation with a view to preventing two or more Member States from opening criminal proceedings simultaneously or in parallel against the same person, on the basis of the same facts.

That Decision provides that the Member States can exchange information and directly consult each other on criminal proceedings. Where there is no agreement, the situation will be referred to Eurojust, when appropriate, provided that the matter falls within its jurisdiction.

The Eurojust proposal does not change or revoke the framework decision, nor does the Commission proposal also refer to the judicial review of Eurojust’s decisions as regards conflicts of jurisdiction.

AMENDMENTS

The Committee on Legal Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4)  Since the European Public Prosecutor's Office should be established from Eurojust, this Regulation includes the provisions necessary to regulate the relations between Eurojust and the European Public Prosecutor's Office.

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

Amendment    2

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission

Amendment

 

(6a)  The evaluation of Council Decision 2002/187/JHA and the activities carried out by Eurojust (final report of 30 June 2015) should also be taken into account.

Amendment    3

Proposal for a Regulation

Recital 7 a (new)

 

Text proposed by the Commission

Amendment

 

(7a)  Eurojust’s mission of easing the way for cooperation between the judicial authorities is carried out in the context of other legal instruments, such as Council Framework Decision 2009/948/JHA 1a, the provisions of which should be brought into line with this Regulation.

 

____________________

 

1a Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings

Amendment    4

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8)  This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.

(8)  This Regulation fully respects the fundamental rights and freedoms and fully safeguards the principles recognised in particular by the Charter of Fundamental Rights of the European Union.

Amendment    5

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9)  The forms of serious crime affecting two or more Member States for which Eurojust is competent should be laid down. In addition, cases which do not involve two or more Member States, but which require a prosecution on common bases, should be defined. Such cases should include investigations and prosecutions affecting only one Member State and a third State, as well as cases affecting only one Member State and the Union.

(9)  The forms of serious crime affecting two or more Member States for which Eurojust is competent should be clearly laid down. In addition, cases which do not involve two or more Member States, but which require a prosecution on common bases, should be defined. Such cases should include investigations and prosecutions affecting only one Member State and a third State, as well as cases affecting only one Member State and the Union.

Amendment    6

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10)  When exercising its operational functions in relation to concrete criminal cases, at the request of competent authorities of Member States or on its own initiative, Eurojust should act either through one or more of the national members or as a College.

(10)  When exercising its operational functions in relation to concrete criminal cases, at the request of competent authorities of Member States or on its own initiative, Eurojust should act either through one or more of the national members or as a College. Likewise, at the request of a Member State’s competent authority or the Commission, Eurojust should be able to assist with investigations only involving one Member State but with consequences throughout the Union.

Amendment    7

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11)  To ensure Eurojust can appropriately support and coordinate cross-border investigations, it is necessary that all national members have the same operational powers in order to cooperate between themselves and with national authorities in a more effective way. National members should be granted those powers that allow Eurojust to appropriately achieve its mission. These powers should include accessing relevant information in national public registers, issuing and executing mutual assistance and recognition requests, directly contacting and exchanging information with competent authorities, participating in joint investigation teams and, in agreement with the competent national authority or in case of urgency, ordering investigative measures and controlled deliveries.

(11)  To ensure Eurojust can appropriately support and coordinate cross-border investigations, it is necessary that all national members have the same operational powers in order to cooperate between themselves and with national authorities in a more coherent and effective way. National members should be granted those powers that allow Eurojust to appropriately achieve its mission. These powers should include accessing relevant information in national public registers, issuing and executing mutual assistance and recognition requests, directly contacting and exchanging information with competent authorities, participating in joint investigation teams and, in agreement with the competent national authority or in case of urgency, ordering investigative measures and controlled deliveries.

Amendment    8

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12)  It is necessary to provide Eurojust with an administrative and management structure that allows it to perform its tasks more effectively and respects the principles applicable to Union agencies whilst maintaining Eurojust's special characteristics and safeguarding its independence in the exercise of its operational functions. To this end, the functions of the national members, the College and the Administrative Director should be clarified and an Executive Board established.

(12)  It is necessary to provide Eurojust with an administrative and management structure that allows it to perform its tasks more effectively and fully respects the principles applicable to Union agencies, as well as the fundamental rights and freedoms, whilst maintaining Eurojust's special characteristics and safeguarding its independence in the exercise of its operational functions. To this end, the functions of the national members, the College and the Administrative Director should be clarified and an Executive Board established.

Amendment    9

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17)  The setting up of an On-Call Coordination (OCC) within Eurojust is necessary to make Eurojust available around the clock and to enable it to intervene in urgent cases. It should be the responsibility of each Member State to ensure that their representatives in the OCC are able to act on a 24-hour/7-day basis.

(17)  The setting up of an On-Call Coordination (OCC) within Eurojust is necessary to make Eurojust efficient and available around the clock and to enable it to intervene in urgent cases. Each Member State should ensure that their representatives in the OCC are able to act on a 24-hour/7-day basis.

Amendment    10

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21)  When Eurojust transfers personal data to an authority of a third country or to an international organisation or Interpol by virtue of an international agreement concluded pursuant to Article 218 of the Treaty the adequate safeguards adduced with respect to the protection of privacy and fundamental rights and freedoms of individuals have to ensure that the data protection provisions of this Regulation are complied with.

(21)  When Eurojust transfers personal data to an authority of a third country or to an international organisation or Interpol by virtue of an international agreement concluded pursuant to Article 218 of the Treaty the adequate safeguards adduced with respect to the protection of privacy and fundamental rights and freedoms have to ensure that the data protection provisions of this Regulation are fully complied with.

Amendment    11

Proposal for a regulation

Recital 23

 

Text proposed by the Commission

Amendment

(23)  Eurojust should be given the opportunity to extend the deadlines for storage of personal data, subject to observance of the purpose limitation principle applicable to processing of personal data in the context of all activities of Eurojust, in order to achieve its objectives. Such decisions should be taken following careful consideration of all interests at stake, including those of the data subjects. Any extension of deadlines for processing personal data, where prosecution is statute barred in all Member States concerned, should be decided only where there is a specific need to provide assistance under this Regulation.

(23)  Eurojust should be given the opportunity to extend the deadlines for storage of personal data, subject to observance of the purpose limitation principle applicable to processing of personal data in the context of all activities of Eurojust, in order to achieve its objectives. Such decisions should be taken following careful and objective consideration of the cases concerned, of all interests at stake, and equally of the interests of the data subjects. Any extension of deadlines for processing personal data, where prosecution is statute barred in all Member States concerned, should be the subject of a formal and reasoned decision, and decided only where there is a specific and clearly justifiable need to provide assistance under this Regulation.

Amendment    12

Proposal for a regulation

Recital 25

 

Text proposed by the Commission

Amendment

(25)  Eurojust should maintain cooperative relations with other Union bodies and agencies, with the European Public Prosecutor's Office, with the competent authorities of third countries as well as with international organisations, to the extent required for the accomplishment of its tasks.

(25)  Eurojust should cooperate with other Union bodies and agencies, with the European Public Prosecutor's Office, with the competent authorities of third countries as well as with international organisations, to the extent required for the accomplishment of its tasks.

Amendment    13

Proposal for a Regulation

Recital 25 a (new)

 

Text proposed by the Commission

Amendment

 

(25a)  The European Public Prosecutor should have the right to participate in all Eurojust meetings provided that matters which the Prosecutor considers relevant to the functioning of the European Public Prosecutor’s Office are discussed.

Justification

A recital which expressly reflects the contents of Article 12(3) and Article 16(7) of the proposal is needed.

Amendment    14

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26)  To enhance operational cooperation between Eurojust and Europol, and particularly to establish links between data already in the possession of either body, Eurojust should enable Europol to have access to and be able to search against data available at Eurojust.

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

Justification

Recital 26 of this Regulation should be aligned with Recital 28 of Regulation (EU) 2016/794.

Amendment    15

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27)  Eurojust should be able to exchange personal data with other Union bodies to the extent necessary for the accomplishment of its tasks.

(27)  Eurojust should be able to exchange personal data with other Union bodies to the extent necessary for the accomplishment of its tasks with full respect for the protection of privacy and fundamental rights and freedoms.

Amendment    16

Proposal for a Regulation

Recital 31

 

Text proposed by the Commission

Amendment

(31)  In order to increase the transparency and democratic oversight of Eurojust it is necessary to provide mechanisms for the involvement of the European Parliament and national Parliaments in the evaluation of Eurojust's activities. This should not hinder the principles of independence as regards action taken in specific operational cases or the obligations of discretion and confidentiality.

(31)  In order to increase the transparency and democratic oversight of Eurojust it is necessary to provide mechanisms for the involvement of the European Parliament in the evaluation of Eurojust's activities, particularly with regard to the transmission of Eurojust’s Annual Report. Similar proceedings should be arranged for national Parliaments. However, those mechanisms should not hinder the principles of independence as regards action taken in specific operational cases or the obligations of discretion and confidentiality.

Amendment    17

Proposal for a Regulation

Article 2 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Eurojust shall support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime affecting two or more Member States, or requiring a prosecution on common bases, on the basis of operations conducted and information supplied by the Member States' authorities and by Europol.

1.  Eurojust shall support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime which Eurojust is competent to deal with in accordance with Article 3(1) and affecting two or more Member States, or requiring a prosecution on common bases, on the basis of operations conducted and information supplied by the Member States' authorities, by the European Public Prosecutor’s Office and by Europol.

See the amendment to Article 2(3)

Amendment    18

Proposal for a Regulation

Article 2 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Eurojust shall exercise its tasks at the request of the competent authorities of the Member States or on its own initiative.

3.  Eurojust shall exercise its tasks at the request of the competent authorities of the Member States or of the European Public Prosecutor’s Office or on its own initiative.

See the amendment to Article 2(1)

Amendment    19

Proposal for a Regulation

Article 3 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Eurojust’s competence shall cover the forms of crime listed in Annex 1. However, its competence shall not include the crimes for which the European Public Prosecutor's Office is competent.

1.   Until the date when the European Public Prosecutor’s Office has assumed its investigative and prosecutorial tasks conferred on it in accordance with Article [75] of Regulation [implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office], Eurojust’s competence shall cover the forms of crime listed in Annex 1. From the date when the European Public Prosecutor’s Office assumes its tasks and with regard to the forms of crime for which the latter exercises its competence, Eurojust shall only exercise its competences within its respective mandate avoiding any overlap with action taken by the European Public Prosecutor's Office.

 

However, Eurojust shall exercise its competences in cases involving Member States which do not participate in enhanced cooperation on the establishment of the European Public Prosecutor’s Office at the request of those Member States or at the request of the European Public Prosecutor’s Office. The practical details on the exercise of competence in accordance with this paragraph shall be regulated by a working arrangement referred to in Article 38(2a).

 

The reference to ‘crime against financial interests of the Union’ in Annex 1 to this Regulation shall be interpreted in accordance with this paragraph.

See the amendment to Article 3(4)

Amendment    20

Proposal for a regulation

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a.  Eurojust shall remain competent:

 

(a)  for offences laid down in Directive [(EU) 2017/... on the Fight against Fraud to the Union’s Financial Interests by means of Criminal Law (‘the PIF Directive’)] insofar as the European Public Prosecutor’s Office is not competent or does not exercise its competence;

 

(b)  in cases regarding offences laid down in the PIF Directive, for requests from Member States which are not participating in the European Public Prosecutor’s Office;

 

(c)  in cases involving both participating Member States and Member States which are not participating in the European Public Prosecutor’s Office, for requests from those Member States which are not participating in the European Public Prosecutor’s Office and for requests from the European Public Prosecutor’s Office itself.

Justification

Since Eurojust will have a residual competence for PIF offences which results from the enhanced cooperation on the EPPO and the text of that draft Regulation, it is crucial to be clear about the nature of Eurojust’s residual competence.

Amendment    21

Proposal for a regulation

Article 3 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2.  Eurojust's competence shall cover related criminal offences. The following offences shall be regarded as related criminal offences:

2.  Eurojust's competence shall cover criminal offences related to the criminal offences laid down in Annex 1. The following offences shall be regarded as related criminal offences:

Amendment    22

Proposal for a Regulation

Article 3 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  At the request either of a Member State's competent authority or of the Commission, Eurojust may assist investigations and prosecutions affecting only that Member State and the Union.

4.  At the request either of a Member State's competent authority, of the European Public Prosecutor’s Office or of the Commission, Eurojust may assist investigations and prosecutions affecting only that Member State and the Union.

See the amendment to Article 3(1)

Amendment    23

Proposal for a Regulation

Article 4 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a)  Inform the competent authorities of the Member States of investigations and prosecutions of which it has been informed and which have repercussions at Union level or which might affect Member States other than those directly concerned;

(a)  Inform the competent authorities of the Member States and the European Public Prosecutor’s Office of investigations and prosecutions of which it has been informed and which have repercussions at Union level or which might affect Member States other than those directly concerned;

Amendment    24

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  assist the competent authorities of the Member States in ensuring the best possible coordination of investigations and prosecutions;

(b)  ensure the best possible coordination of investigations and prosecutions conducted by the competent authorities of the Member States;

Amendment    25

Proposal for a regulation

Article 4 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  give assistance in order to improve cooperation between the competent authorities of the Member States, in particular on the basis of Europol's analyses;

(c)  improve cooperation between the competent authorities of the Member States, in particular on the basis of Europol's analyses;

Amendment    26

Proposal for a Regulation

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

 

Text proposed by the Commission

Amendment

 

(ea)  assist the European Public Prosecutor’s Office, pursuant to Article 41.

Justification

Given that the EPPO was established ‘from Eurojust’ (see Article 86 TFEU), one of the main features of Eurojust is assisting the EPPO.

Amendment    27

Proposal for a regulation

Article 4 – paragraph 1 – point e b (new)

Text proposed by the Commission

Amendment

 

(eb)  cooperate and consult, when need be, with the Union agencies and bodies established in the area of Freedom, Security and Justice regulated under Title V of the TFEU;

Amendment    28

Proposal for a regulation

Article 4 – paragraph 1 – point e c (new)

Text proposed by the Commission

Amendment

 

(ec)  support, and where appropriate participate in, the Union centres of specialised expertise developed by Europol and other Union bodies.

Amendment    29

Proposal for a Regulation

Article 4 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Where two or more Member States cannot agree on which of them should undertake an investigation or prosecution following a request made under point (b) of paragraph 2, Eurojust shall issue a written opinion on the case. The opinion shall be promptly forwarded to the Member States concerned.

4.  Where two or more Member States cannot agree on which of them should undertake an investigation or prosecution following a request made under point (b) of paragraph 2, Eurojust shall take a decision on the case. The decision shall be promptly forwarded to the Member States concerned.

(See the amendment to Article 4(5) and (5)(a))

Justification

As Article 85(1)(c) TFEU clearly establishes Eurojust’s competence to resolve conflicts of jurisdiction, Eurojust should be able to take decisions, not issue opinions, and those decisions may be binding on the Member States.

Amendment    30

Proposal for a Regulation

Article 4 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  On request of a competent authority Eurojust shall issue a written opinion on recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The opinion shall be promptly forwarded to the Member States concerned.

5.  On request of a competent authority or on its own initiative, Eurojust shall take a decision on recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The decision shall be promptly forwarded to the Member States concerned.

(See the amendment to Article 4(4) and (5)(a))

Justification

As Article 85(1)(c) TFEU clearly establishes Eurojust’s competence to resolve conflicts of jurisdiction, Eurojust should be able to take decisions, not issue opinions, and those decisions may be binding on the Member States.

Amendment    31

Proposal for a regulation

Article 5 – paragraph 2 a

Text proposed by the Commission

Amendment

 

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

Amendment    32

Proposal for a regulation

Article 8 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  contact directly and exchange information with any national competent authority of the Member State;

(b)  contact directly and exchange information with any national competent authority of the Member State or with any Union agency or competent body;

Amendment    33

Proposal for a regulation

Article 8 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a)  order investigative measures;

(a)  order or request and execute investigative measures, as provided for in Directive 2014/41/EU of the European Parliament and of the Council1a

 

__________________

 

1a Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters (OJ L 130, 1.5.2014, p. 1).

Amendment    34

Proposal for a Regulation

Article 10 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  The College shall be composed of:

1.  The College shall be composed of all the national members.

(a)   all the national members when the College exercises its operational functions under Article 4;

 

(b)   all the national members and two representatives of the Commission when the College exercises its management functions under Article 14.

 

Justification

This amendment is intended to reduce the risk of any interference from the Commission.

Amendment    35

Proposal for a Regulation

Article 10 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  The College may invite any person whose opinion may be of interest to attend its meetings as an observer.

4.  Without prejudice to the provisions in Article 39(1)(c), the College may invite any person whose opinion may be of interest to attend its meetings as an observer.

Justification

This amendment is intended to preserve the role of the contact points of the European Judicial Network, which is referred to in Article 39(1)(c) of the proposal.

Amendment    36

Proposal for a Regulation

Article 14 – paragraph 1 – point k

 

Text proposed by the Commission

Amendment

(k)  elect the President and Vice-Presidents in accordance with Article 11;

deleted

(See the amendment to Article 11)

Justification

To preserve Eurojust’s autonomy and independence, no Commission representative shall be able to participate in the election of the President and Vice-Presidents.

Amendment    37

Proposal for a Regulation

Article 15 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  By [30 November each year] the College shall adopt a programming document containing multi-annual and annual programming, based on a draft put forward by the Administrative Director, taking into account the opinion of the Commission. It shall forward it to the European Parliament, the Council and the Commission. The programming document shall become definitive after final adoption of the general budget and if necessary shall be adjusted accordingly.

1.  By [30 November each year] the College shall adopt a programming document containing multi-annual and annual programming, based on a draft put forward by the Administrative Director, after requesting the opinion of the Commission. It shall forward it to the European Parliament, the Council and the Commission. The programming document shall become definitive after final adoption of the general budget and if necessary shall be adjusted accordingly.

Justification

This amendment is intended to reduce the risk of any interference from the Commission.

Amendment    38

Proposal for a regulation

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2.  The annual work programme shall comprise detailed objectives and expected results including performance indicators. It shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action, in accordance with the principles of activity-based budgeting and management. The annual work programme shall be coherent with the multi-annual work programme referred to in paragraph 4. It shall clearly indicate which tasks have been added, changed or deleted in comparison with the previous financial year.

2.  The annual work programme shall comprise detailed objectives and expected results including performance indicators. It shall also contain a clear description of the actions to be financed and an indication of the financial and human resources allocated to each action, in accordance with the principles of activity-based budgeting and management. The annual work programme shall be coherent with the multi-annual work programme referred to in paragraph 4. It shall clearly indicate which tasks have been added, changed or deleted in comparison with the previous financial year.

Amendment    39

Proposal for a Regulation

Article 17 – paragraph 7

 

Text proposed by the Commission

Amendment

7.  The Administrative Director may be removed from the office only upon a decision of the College acting on a proposal from the Commission.

7.  The Administrative Director may be removed from the office only upon a decision of the College.

Justification

This amendment is intended to reduce the risk of any interference from the Commission.

Amendment    40

Proposal for a regulation

Article 19 – paragraph 3

Text proposed by the Commission

Amendment

3.  The On-Call Coordination representatives shall act without delay, in relation to the execution of the request in their Member State.

3.  The On-Call Coordination representatives shall act efficiently, without delay, in relation to the execution of the request in their Member State.

Amendment    41

Proposal for a regulation

Article 21 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

 

6a.  For the purposes of paragraph 3 to 6 the competent authorities of the Member States shall exchange the information referred to therein at the latest within 14 days.

Amendment    42

Proposal for a regulation

Article 22 – paragraph 1

Text proposed by the Commission

Amendment

1.  Eurojust shall provide competent national authorities with information on the results of the processing of information, including the existence of links with cases already stored in the Case Management System. This information may include personal data.

1.  Eurojust shall provide without undue delay competent national authorities with information on the results of the processing of information, including the existence of links with cases already stored in the Case Management System. This information may include personal data.

Amendment    43

Proposal for a regulation

Article 27 – paragraph 2

Text proposed by the Commission

Amendment

2.  Eurojust may process only the personal data listed in point 2 of Annex 2, on persons who, under the national legislation of the Member States concerned, are regarded as witnesses or victims in a criminal investigation or prosecution regarding one or more of the types of crime and the offences referred to in Article 3, or persons under the age of 18. The processing of such personal data may only take place if it is strictly necessary for the achievement of the expressly stated task of Eurojust, within the framework of its competence and in order to carry out its operational functions.

2.  Eurojust may process only the personal data listed in point 2 of Annex 2, on persons who, under the national legislation of the Member States concerned, are regarded as witnesses or victims in a criminal investigation or prosecution regarding one or more of the types of crime and the offences referred to in Article 3, or persons under the age of 18. The processing of such personal data may only take place if it is strictly necessary for the achievement of the expressly stated task of Eurojust, within the framework of its competence and in order to carry out its operational functions. The protection of privacy, as well as the fundamental rights and freedoms shall be fully respected.

Amendment    44

Proposal for a regulation

Article 28 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  Personal data processed by Eurojust may not be stored beyond the first applicable among the following dates:

1.  Personal data processed by Eurojust shall be stored by Eurojust only for as long as is necessary and in proportion to the purpose for which the data are being processed. Personal data processed by Eurojust may not be stored beyond the first applicable among the following dates:

Amendment    45

Proposal for a regulation

Article 36 – paragraph 1

Text proposed by the Commission

Amendment

1.  Where a complaint introduced by a data subject pursuant to Article 32(2) of Regulation (EC) No 45/2001 relates to a decision as referred to in Article 32 or 33, the European Data Protection Supervisor shall consult the national supervisory bodies or the competent judicial body in the Member State which was the source of the data or the Member State directly concerned. The decision of the European Data Protection Supervisor, which may extend to a refusal to communicate any information, shall be taken in close cooperation with the national supervisory body or competent judicial body.

1.  Any data subject shall have the right to lodge a complaint with the European Data Protection Supervisor if he or she considers that the processing by Eurojust of personal data relating to him or her does not comply with the provisions of this Regulation. Where a complaint introduced by a data subject pursuant to Article 32(2) of Regulation (EC) No 45/2001 relates to a decision as referred to in Article 32 or 33, the European Data Protection Supervisor shall consult the national supervisory bodies or the competent judicial body in the Member State which was the source of the data or the Member State directly concerned. The decision of the European Data Protection Supervisor, which may extend to a refusal to communicate any information, shall be taken in close cooperation with the national supervisory body or competent judicial body.

Amendment    46

Proposal for a regulation

Article 38 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

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

Amendment    47

Proposal for a regulation

Article 38 – paragraph 4 – point a

Text proposed by the Commission

Amendment

a)  the authorisation can be assumed as the Member State has not expressly limited the possibility of onward transfers; or

deleted

Amendment    48

Proposal for a Regulation

Article 39 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c)  European Judicial Network contact points may be invited on a case-by-case basis to attend Eurojust meetings.

(c)  European Judicial Network contact points may be invited on a case-by-case basis to attend Eurojust meetings, without the right to vote.

Justification

This amendment is intended to clarify the role of the European Judicial Network contact points.

Amendment    49

Proposal for a regulation

Article 40 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

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

Amendment    50

Proposal for a Regulation

Article 41 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  Eurojust shall treat any request for support emanating from the European Public Prosecutor’s Office without undue delay, and shall deal with such requests, where appropriate, as if they had been received from a national authority competent for judicial cooperation.

2.  Eurojust shall treat any request for support emanating from the European Public Prosecutor’s Office without undue delay, and shall deal with such requests as if they had been received from a national authority competent for judicial cooperation.

Amendment    51

Proposal for a regulation

Article 42 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  Frontex shall contribute to Eurojust's work including by transmitting information processed in accordance with its mandate and tasks under Regulation (EU) 2016/16241a.

 

_____________

 

1a Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).

Amendment    52

Proposal for a Regulation

Article 55 a (new)

 

Text proposed by the Commission

Amendment

 

Article 55a

 

Opinions on proposed legislative acts

 

The Commission and the Member States concerned may request Eurojust’s opinion on all the proposed legislative acts referred to in Article 76 TFEU.

Justification

This amendment incorporates the provision of Article 32(3) of Council Decision 2002/187/JHA, in accordance with the 2008 amendment, which, inexplicably, is not included in this Commission proposal.

Amendment    53

Proposal for a regulation

Article 55 – paragraph 1

Text proposed by the Commission

Amendment

1.  Eurojust shall transmit its Annual Report to the European Parliament, which may present observations and conclusions.

1.  Eurojust shall transmit its Annual Report to the European Parliament and the national parliaments, which may present observations and conclusions.

Amendment    54

Proposal for a regulation

Article 55 – paragraph 2

Text proposed by the Commission

Amendment

2.  The President of the College shall appear before the European Parliament, at their request, to discuss matters relating to Eurojust, and in particular to present its Annual Reports, taking into account the obligations of discretion and confidentiality. Discussions shall not refer directly or indirectly to concrete actions in relation with specific operational cases.

2.  Before taking office, a newly appointed President of the College shall be invited to make a statement before the competent committee or committees of the European Parliament and answer questions put by its or their members.

 

During his or her term of office, he or she shall appear before the European Parliament, at their request, to discuss matters relating to Eurojust, and in particular to present its Annual Reports, taking into account the obligations of discretion and confidentiality. Discussions shall not refer directly or indirectly to concrete actions in relation with specific operational cases.

Amendment    55

Proposal for a regulation

Article 55 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3.  In addition to the other obligations of information and consultation set out in this regulation, Eurojust shall transmit to the European Parliament for information:

3.  In addition to the other obligations of information and consultation set out in this regulation, Eurojust shall transmit to the European Parliament and the national parliaments for information:

Amendment    56

Proposal for a regulation

Article 55 – paragraph 4

Text proposed by the Commission

Amendment

4.  Eurojust shall transmit its Annual Report to the national Parliaments. Eurojust shall also transmit to the national Parliaments the documents referred to in paragraph 3.

deleted

Amendment    57

Proposal for a regulation

Article 59 – paragraph 4

Text proposed by the Commission

Amendment

4.  The obligation of confidentiality shall apply to all information received by Eurojust, unless that information has already been made public or is accessible to the public.

4.  The obligation of confidentiality shall apply to all information received or forwarded by Eurojust, unless that information has already been made public or is accessible to the public.

Amendment    58

Proposal for a Regulation

Article 67 – title

 

Text proposed by the Commission

Amendment

Repeal

Repeals and amendments

(See the amendment to Article 67(3)(a) and (3)(b))

Amendment    59

Proposal for a Regulation

Article 67 – paragraph 2 a (new)

 

Present text

Amendment

 

2a.  Article 10(3) in Framework Decision 2009/948/JHA is replaced by the following:

3.  In the course of the direct consultations, competent authorities involved in those consultations shall whenever reasonably possible reply to requests for information emanating from other competent authorities that are involved in those consultations. However, when a competent authority is requested by another competent authority to provide specific information which could harm essential national security interests or could jeopardise the safety of individuals, it shall not be required to provide that information.

‘3.  During the direct consultations, the competent authorities concerned shall respond to the information requests from other competent authorities, also involved in the consultations.’

(See the amendment to Article 67)

Justification

The amendment to Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings complements the amendments to Articles 21 and 23 of this proposal and is intended to remove exceptions, which could be harmful to the exchange of useful information.

Amendment    60

Proposal for a Regulation

Article 67 – paragraph 2 b (new)

 

Present text

Amendment

 

2b.  Article 12(2) in Framework Decision 2009/948/JHA is replaced by the following:

‘2.  Where it has not been possible to reach consensus in accordance with Article 10, the matter shall, where appropriate, be referred to Eurojust by any competent authority of the Member States involved, if Eurojust is competent to act under Article 4(1) of the Eurojust Decision. ’

‘2.  Whenever it has not been possible to come to an agreement, in accordance with Article 10, the matter shall be submitted to Eurojust by the Member States concerned, through the respective national members, where Eurojust is competent, in accordance with Article 3 of the Eurojust Regulation.’

(See the amendment to Article 67)

Justification

This amendment to Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings complements the amendments to Article 4(4) and (5) of this proposal and is intended to make it obligatory for a conflict of jurisdiction to be referred to Eurojust, in accordance with Article 85(1)(c) TFEU and more in line with the role of the national members.

Amendment    61

Proposal for a regulation

Annex I – paragraph 1 – indent 11

Text proposed by the Commission

Amendment

–  organised robbery;

–  organised theft or robbery;

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

EU Agency for Criminal Justice Cooperation (Eurojust)

References

COM(2013)0535 – C7-0240/2013 – 2013/0256(COD)

Committee responsible

       Date announced in plenary

LIBE

10.9.2013

 

 

 

Opinion by

       Date announced in plenary

JURI

10.9.2013

Rapporteur

       Date appointed

António Marinho e Pinto

3.9.2014

Discussed in committee

11.11.2014

12.7.2017

7.9.2017

 

Date adopted

10.10.2017

 

 

 

Result of final vote

+:

–:

0:

19

2

1

Members present for the final vote

Joëlle Bergeron, Marie-Christine Boutonnet, Jean-Marie Cavada, Kostas Chrysogonos, Mady Delvaux, Lidia Joanna Geringer de Oedenberg, Sylvia-Yvonne Kaufmann, Gilles Lebreton, António Marinho e Pinto, Julia Reda, Evelyn Regner, Pavel Svoboda, József Szájer, Axel Voss, Tadeusz Zwiefka

Substitutes present for the final vote

Luis de Grandes Pascual, Pascal Durand, Angel Dzhambazki, Jytte Guteland, Heidi Hautala, Stefano Maullu, Angelika Niebler

Substitutes under Rule 200(2) present for the final vote

Karoline Graswander-Hainz

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

19

+

ALDE

EFDD

GUE/NGL

PPE

S&D

VERTS/ALE

Jean-Marie Cavada, Antonio Marinho e Pinto

Joëlle Bergeron,

Kostas Chrysogonos

Stefano Maullu, Angelika Niebler, Pavel Svoboda, József Szájer, Axel Voss, Tadeusz Zwiefka, Luis de Grandes Pascual

Mady Delvaux, Lidia Joanna Geringer de Oedenberg, Karoline Graswander-Hainz, Jytte Guteland, Sylvia-Yvonne Kaufmann, Evelyn Regner

Durand Pascal, Julia Reda

2

-

ENF

Marie-Christine Boutonnet, Gilles Lebreton

1

0

ECR

Angel Dzhambazki

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention


PROCEDURE – COMMITTEE RESPONSIBLE

Title

EU Agency for Criminal Justice Cooperation (Eurojust)

References

C7-0240/2013 – COM(2013)05352013/0256(COD)

Committee responsible

       Date announced in plenary

LIBE

14.9.2017

 

 

 

Committees asked for opinions

       Date announced in plenary

BUDG

14.9.2017

CONT

JURI

 

Not delivering opinions

       Date of decision

BUDG

26.9.2017

 

 

 

Rapporteurs

       Date appointed

Axel Voss

25.9.2017

 

 

 

Discussed in committee

22.3.2017

26.6.2017

25.9.2017

19.10.2017

Date adopted

19.10.2017

 

 

 

Result of final vote

+:

–:

0:

51

5

0

Members present for the final vote

Asim Ahmedov Ademov, Jan Philipp Albrecht, Gerard Batten, Heinz K. Becker, Michał Boni, Caterina Chinnici, Daniel Dalton, Rachida Dati, Cornelia Ernst, Laura Ferrara, Raymond Finch, Ana Gomes, Nathalie Griesbeck, Sylvie Guillaume, Jussi Halla-aho, Monika Hohlmeier, Sophia in 't Veld, Eva Joly, Dietmar Köster, Barbara Kudrycka, Cécile Kashetu Kyenge, Marju Lauristin, Juan Fernando López Aguilar, Monica Macovei, Roberta Metsola, Claude Moraes, Alessandra Mussolini, József Nagy, Péter Niedermüller, Soraya Post, Judith Sargentini, Birgit Sippel, Csaba Sógor, Helga Stevens, Traian Ungureanu, Bodil Valero, Harald Vilimsky, Kristina Winberg, Tomáš Zdechovský, Auke Zijlstra

Substitutes present for the final vote

Anna Maria Corazza Bildt, Ignazio Corrao, Gérard Deprez, Lívia Járóka, Dennis de Jong, Sylvia-Yvonne Kaufmann, Andrejs Mamikins, Angelika Mlinar, Kati Piri, Jaromír Štětina, Axel Voss

Substitutes under Rule 200(2) present for the final vote

Josu Juaristi Abaunz, Sabine Lösing, Kaja Kallas, Francis Zammit Dimech, Janusz Zemke

Date tabled

20.10.2017


FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

51

+

ALDE

Gérard Deprez, Nathalie Griesbeck, Sophia in 't Veld, Kaja Kallas, Angelika Mlinar

ECR

Daniel Dalton, Jussi Halla-aho, Monica Macovei, Helga Stevens

EFDD

Ignazio Corrao, Laura Ferrara,

GUE/NGL

Cornelia Ernst, Dennis de Jong, Josu Juaristi Abaunz, Sabine Lösing

PPE

Asim Ahmedov Ademov, Heinz K. Becker, Michał Boni, Anna Maria Corazza Bildt, Rachida Dati, Monika Hohlmeier, Lívia Járóka, Barbara Kudrycka, Roberta Metsola, Alessandra Mussolini, József Nagy, Csaba Sógor, Jaromír Štětina, Traian Ungureanu, Axel Voss, Francis Zammit Dimech, Tomáš Zdechovský

S&D

Caterina Chinnici, Ana Gomes, Sylvie Guillaume, Sylvia-Yvonne Kaufmann, Cécile Kashetu Kyenge, Dietmar Köster, Marju Lauristin, Juan Fernando López Aguilar, Andrejs Mamikins, Claude Moraes, Péter Niedermüller, Kati Piri, Soraya Post, Birgit Sippel, Janusz Zemke

Verts/ALE

Jan Philipp Albrecht, Eva Joly, Judith Sargentini, Bodil Valero

5

-

EFDD

Gerard Batten, Raymond Finch, Kristina Winberg

ENF

Harald Vilimsky, Auke Zijlstra

0

0

 

 

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

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