Activities of Cornelia ERNST related to 2021/0391(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a collaboration platform to support the functioning of Joint Investigation Teams and amending Regulation (EU) 2018/1726
Amendments (31)
Amendment 98 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 111 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘communication software’ means software that facilitates remote access to systems and the exchange of files and messages in text, audio or video formats between JITs collaboration platform users;
Amendment 115 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘JITs collaboration platform users’ means JIT members, Eurojust, Europol, OLAF and other competent Union bodies, offices and agencies and OLAF ;
Amendment 117 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘operational data’ means information and evidence processed by the JITs collaboration platform during the operational phase of a JIT to support cross- border investigations and prosecutions;
Amendment 118 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘non-operational data’ means administrative data’ means data processed by the JITs collaboration platform, notably in order to facilitate the management of the JIT and daily cooperation between JITs collaboration platform users.
Amendment 128 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The centralised information system shall be hosted by eu-LISA at its technical sites.
Amendment 129 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the daily coordination and management of a JIT, through a set of functionalities supporting the administrative and financial processes within the JIT;
Amendment 131 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the exchange and temporary storage of operational information and evidence, including large files, through an upload and download functionality;
Amendment 134 #
(d) evidenceinformation traceability through a business logging mechanism allowing to keep track of all evidenceinformation exchanged through the JITs collaboration platform;
Amendment 135 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 136 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the list of functionalities required for the daily coordination and management of a JIT;
Amendment 147 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Eurojust, Europol, the European Public Prosecutor’s Office, and OLAF and other competent Union bodies, offices and agencies shall make the necessary technical arrangements to enable them to access the JITs collaboration platform.
Amendment 154 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Following the signature of a JIT agreement, a JIT collaboration space shall be created within the JITs collaboration platform for eachthe respective JIT.
Amendment 155 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The JIT collaboration space shall be opened by the JIT space administrator or administrators, with the technical support of eu-LISA.
Amendment 162 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 165 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall ensure that their transfers of personal data to third countries that have been granted access to a JIT collaboration space only take place where the conditions laid down in Chapter V of Directive 2016/680, or in the case of administrative data, Chapter V of Regulation (EU) 2016/679 of the European Parliament and of the Council, are met.
Amendment 166 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. Union bodies, offices and agencies shall ensure that their transfers of personal data to third countries that have been granted access to a JIT collaboration space only take place where the conditions laid down in Regulation (EU) 2018/1725 are met.
Amendment 168 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where a Member State, Eurojust, Europol, the European Public Prosecutor’s Office, or OLAF or any other competent Union body, office or agency, as a consequence of a failure on their part to comply with their obligations under this Regulation, cause damage to the JITs collaboration platform, that Member State, Eurojust, Europol, the European Public Prosecutor’s Office, or OLAF or other competent Union body, office or agency respectively, shall be held liable for such damage, insofar as eu-LISA fails to take reasonable measures to prevent the damage from occurring or to minimise its impact.
Amendment 169 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2 a. Paragraphs 1 and 2 shall be without prejudice to specific provisions on liability set out in Regulation (EU) 2018/1725 and Directive (EU) 2016/680.
Amendment 170 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Operational data pertaining to each JIT collaboration space shall be stored in the centralised information system only for as long as needed for all concerned JITs collaboration platform users to complete the process of its downloading. The retention period shall not exceed four weeks after the end of operation of a JIT.
Amendment 173 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Upon expiry of the retention period referred to in paragraph 1, the data record shall be automatically and permanently erased from the centralised system.
Amendment 176 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Each competent national authority of a Member State or a third country, and where appropriate, Eurojust, Europol, the European Public Prosecutor’s Office, or OLAF or any other competent Union body, office or agency shall be considered to be joint data controllers in accordance with applicable Union data protection rules for the processing of personal data under this Regulation.
Amendment 178 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 183 #
Proposal for a regulation
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) the exchange of operational information and evidence between the JITs collaboration platform users for the purpose of which the particular JIT has been set up;
Amendment 185 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Access to the JITs collaboration platform shall be limited to duly authorised staff of the competent Member States’ and third country authorities, Eurojust, Europol, the European Public Prosecutor’s Office, and OLAF and other competent Union bodies, offices or agencies, to the extent needed for the performance of their tasks in accordance with the purposes referred to in paragraph 1, and to what is necessary and proportionate to the objectives pursued.
Amendment 186 #
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the identifying mark of agents of JIT’s collaboration platform users who accessed the centralised information system;
Amendment 187 #
Proposal for a regulation
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
(c) the date, time zone and access time of theeach operation carried out by the JIT’s collaboration platform users;
Amendment 188 #
Proposal for a regulation
Article 21 – paragraph 2 – point d
Article 21 – paragraph 2 – point d
(d) the operation carried out by the JIT’s collaboration platform users.
Amendment 190 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. On request, eu-LISA shall make the logs available to the competent authorities of the Member States who participated in a particular JIT without undue delay.
Amendment 201 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the Commission has determined the date of start of operations in accordance with paragraph 1, it shall communicate that date to the European Parliament, the Member States, Eurojust, Europol, the European Public Prosecutor’s Office and OLAF.
Amendment 202 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The JITs collaboration platform users shallmay start using the JITs collaboration platform from the date determined by the Commission in accordance with paragraph 1.