«Brussels, 27.3.2013 COM(2013) 173 final 2013/0091 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Union ...»
(b) persons regarding whom there are factual indications or reasonable grounds under the national law of the Member State concerned to believe that they will commit criminal offences in respect of which Europol is competent.
2. Data relating to the persons referred to in paragraph 1 may include only the following categories of
(a) surname, maiden name, given names and any alias or assumed name;
(b) date and place of birth;
(e) place of residence, profession and whereabouts of the person concerned;
(f) social security numbers, driving licences, identification documents and passport data; and (g) where necessary, other characteristics likely to assist in identification, including any specific objective physical characteristics not subject to change such as dactyloscopic data and DNA profile (established from the non-coding part of DNA).
3. In addition to the data referred to in paragraph 2, following categories of personal data concerning
the persons referred to in paragraph 1 may be collected and processed:
(a) criminal offences, alleged criminal offences and when, where and how they were (allegedly) committed;
(b) means which were or may be used to commit those criminal offences including information concerning legal persons;
(c) departments handling the case and their filing references;
(d) suspected membership of a criminal organisation;
(e) convictions, where they relate to criminal offences in respect of which Europol is competent;
(f) inputting party.
These data may be provided to Europol even when they do not yet contain any references to persons.
4. Additional information held by Europol or National Units concerning the persons referred to in paragraph 1 may be communicated to any national unit or Europol should either so request. National units shall do so in compliance with their national law.
5. If proceedings against the person concerned are definitively dropped or if that person is definitively acquitted, the data relating to the case in respect of which either decision has been taken shall be deleted.
EN EN gained, provided they are not included in one of the categories of persons referred to in paragraphs 1 (a), (b), (c), (d) and (f). “Contacts” are those persons who have sporadic contact with the persons referred to in paragraph 1 point (a) and (b). “Associates” are those persons who have regular contact with the persons referred to in paragraph 1 point (a) and (b).
In relation to contacts and associates, the data pursuant to paragraph 2 may be stored as necessary, provided there is reason to assume that such data are required for the analysis of the role of such persons as contacts or associates.
In this context, the following shall be observed:
(a) the relationship of these persons with the persons referred to in paragraph 1 point (a) and (b) shall be clarified as soon as possible;
(b) if the assumption that a relationship exists between these persons and the persons referred to in paragraph 1 point (a) and (b) turns out to be unfounded, the data shall be deleted without delay;
(c) if such persons are suspected of committing an offence falling under Europol’s objectives, or have been convicted for such an offence, or if there are factual indications or reasonable grounds under the national law of the Member State concerned to believe that they will commit such an offence, all data pursuant to paragraph 2 may be stored;
(d) data on contacts and associates of contacts as well as data on contacts and associates of associates shall not be stored, with the exception of data on the type and nature of their contacts or associations with the persons referred to in paragraph 1 point (a) and (b);
(e) if a clarification pursuant to the previous points is not possible, this shall be taken into account when deciding on the need and the extent of storage for further analysis.
4. With regard to persons who, as referred to in paragraph 1 point (d), have been the victims of one of the offences under consideration or who, certain facts give reason to believe, could be the victims of such an offence, data referred to in paragraph 2 point (a) intent ‘i’ to paragraph 2 (c) intent ‘iii’ of this Annex, as well as the following categories of data, may be stored:
(a) Victim identification data;
(b) Reason for victimisation;
(c) Damage (physical/financial/psychological/other);
(d) Whether anonymity is to be guaranteed;
(e) Whether participation in a court hearing is possible;
(f) Crime-related information provided by or through persons referred to in paragraph1 point ‘d’, including information on their relationship with other persons, where necessary, to identify the persons referred to in paragraph 1 points ‘a’ and ‘b’ Other data pursuant to paragraph 2 may be stored as necessary, provided there is reason to assume that they are required for the analysis of a person’s role as victim or potential victim.
Data not required for any further analysis shall be deleted.
5. With regard to persons who, as referred to in paragraph 1 (c), might be called on to testify in investigations in connection with the offences under consideration or in subsequent criminal proceedings, data referred to in paragraph 2 point (a) indent ‘i’ to paragraph 2 (c) indent ‘iii’
1. FRAMEWORK OF THE PROPOSAL/INITIATIVE1.1. Title of the proposal/initiative Proposal for a Regulation of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation And Training (EUROPOL) and repealing Council Decisions 2009/371/JHA and 2005/681/JHA Policy area(s) concerned in the ABM/ABB structure46 1.2.
Policy area: Home Affairs Activity: 18.02 Internal Security 1.3. Nature of the proposal/initiative The proposal/initiative relates to a new action The proposal/initiative relates to a new action following a pilot project/preparatory action47 The proposal/initiative relates to the extension of an existing action The proposal/initiative relates to an action redirected towards a new action 1.4. Objective(s) 1.4.1. The Commission’s multiannual strategic objective(s) targeted by the proposal/initiative The European Police Office (Europol) started as an intergovernmental body regulated by a Convention concluded between the Member States that entered into force in 1999. As from 1 January 2010 Europol was transformed by Council Decision 2009/371/JHA into a decentralised EU agency to support and strengthen action by the competent Member States’ law enforcement authorities against serious and organised crime and terrorism. The Council Decision also defined in details Europol’s objectives and tasks.
The Treaty of Lisbon has abolished the pillar structure of the European Union and aligned the area of police cooperation with the acquis communautaire. Article 88 of the TFEU stipulates that Europol shall be governed by a regulation to be adopted by co-decision. It requires the establishment of procedures and a mechanism for the scrutiny of Europol’s activities by the European Parliament and national parliaments. Furthermore, the Stockholm Programme48, which lays down an EU multiannual strategy on justice and security, calls on Europol to evolve and become “a hub for information exchange between the law enforcement authorities of the Member States, a service provider and a platform for law enforcement services.” Article 87(2)(b) of the TFEU provides for measures concerning support for the training of staff and cooperation on the exchange of staff. The Stockholm Programme states that it is essential to step up training on Union-related issues in order to foster a genuine European judicial and law enforcement culture, and that the objective of systematic European Training Schemes should be pursued. The Commission is accordingly proposing, alongside this proposal, a European Law Enforcement Training Scheme (LETS) which would build on the activities currently carried out by CEPOL. The current ABM: Activity-Based Management – ABB: Activity-Based Budgeting.
As referred to in Article 49(6)(a) or (b) of the Financial Regulation.
Stockholm Programme on open and secure Europe, serving and protecting citizens, OJ C115,4.5.2010.
Europol’s role is to provide support to national law enforcement services in their mutual cooperation in the prevention of and fight against serious crime and terrorism. The proposal, i.e. the regulation on Europol, provides for a new legal framework for Europol. The introduction of the new legal basis will increase the security of the EU by improving the effectiveness and efficiency of Europol in supporting the prevention and fight against serious cross-border crime and terrorism as well as conferring on Europol new tasks in relation to law enforcement training at EU level, and in relation to the hosting of EU law enforcement centres on specific crime phenomena such as cybercrime.
The proposal aims to improve Europol’s intelligence picture, so that it can better serve Member States and better inform the EU policy setting. It will better align Europol and its activities with the requirements of the Treaty of Lisbon and the Stockholm Programme. The proposal will further reinforce Europol’s accountability and strengthen its data protection regime. Europol will be able to provide all necessary and up-to-date services and products to Member States in order to facilitate and support them in the fight against serious criminality affecting the EU citizens. The increased flow of information from Member States including on cybercrime and the improved data processing arrangements balanced by a robust data protection regime and increased training capabilities would further strengthen Europol’s role in supporting the Member States.
Data originating from private parties could be submitted to Europol by any Member State (Europol National Unit) which would diminish the risk of delays or non-transmission.
Exchanges of data with third countries will become more streamlined which would have a positive impact on the cooperation and on internal security in the EU and in the third countries. This would in turn enable a more coordinated global response to crime phenomena.
The proposal introduces a new task for Europol, incorporating and broadening to some extent the tasks related to training of law enforcement officials currently executed by CEPOL.
Integrating and rationalising operational and training functions in one agency is expected to create a mutually-reinforcing dynamic. Resources saved through the elimination of duplication in support functions can be redeployed to training functions notably to implement the European Law Enforcement Training Scheme (LETS). The higher level of training thereby provided will raise the standard of policing across the EU, enhance trust between law enforcement agencies, contribute to a common law enforcement culture and thereby make more effective the EU’s response to common security challenges.
Furthermore, the proposal will strengthen Europol’s accountability and align Europol’s governance with the other European regulatory agencies.
The proposal introduces a further new task for Europol, namely hosting the European Cybercrime Centre (EC3) established at the beginning of 2013. The EC3 will bolster significantly the EU’s capacity to confront the growing threat posed by cybercrime, with a view to supporting and complementing Member States’ efforts. Member States will benefit significantly from having a focal point equipped with state-of-the-art technology and a highlyqualified and specialised workforce offering a wide spectrum of services and products.
Furthermore, a forward-thinking centre that anticipates trends, analyses threats and provides strategic guidance towards tackling cybercrime will be of significant added value to the Member States. EU agencies and bodies would also have a bolstered capacity to address the challenges raised by cybercrime.
EN EN – Extent to which new technological tools initiated, coordinated or developed by the EC3 are used during EC3 operations and/or by the Member States;
– Extent to which public private partnership initiatives facilitated EC3 work;
– Overall satisfaction rate of Member States regarding all of EC3’s products and services.
1.5. Grounds for the proposal/initiative 1.5.1. Requirement(s) to be met in the short or long term The reform of Europol subscribes to a wider process of achieving an Open and Secure Europe Serving and Protecting Citizens, as set forth by the Stockholm Programme. Among other means to fulfil this objective, the Stockholm Programme calls for Europol to “become a hub for information exchange between the law enforcement authorities of the Member States, a service provider and a platform for law enforcement services”. The role of Europol in the support for the law enforcement authorities within Member States, and its overall future direction, is therefore subject to a strong inter-institutional consensus.
At the same time, following the Treaty of Lisbon and the Joint Statement on the Regulatory Agencies, Europol’s activities will need to be subject to a regular scrutiny by the European Parliament and the national parliaments and its governance will need to be aligned with the standards for all EU regulatory agencies.
Furthermore, as regards data protection, Europol’s data protection regime standards need to be further aligned with those of other data protection instruments and the right of access of individuals to personal data pertaining to them needs to be reinforced by providing for an alternative procedure for checking the lawfulness of the processing of personal data.
The higher level of law enforcement training that will be brought about by this proposal will raise the standard of policing across the EU, contribute to enhance trust between law enforcement agencies, contribute to a common law enforcement culture, and thereby make more effective the EU’s response to common security challenges.