Enhancing police cooperation in relation to the prevention, detection and investigation of migrant smuggling and trafficking in human beings; enhancing Europol’s support to preventing and combating such crimes

Amendments tabled for the plenary sitting on this text, in their own numbering series. This is a different set from the committee amendments tracked elsewhere on AmendEU, and is not counted in any of the site’s amendment totals.

1. Amendment 1Proposal for a regulation · Title 1
   Current text

   Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on enhancing police cooperation in relation to the prevention, detection and investigation of migrant smuggling and trafficking in human beings, and on enhancing Europol’s support to preventing and combating such crimes and amending Regulation (EU) 2016/794

   Amendment

   Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2016/794 as regards the strengthening of Europol’s support and enhancing police cooperation, for preventing and combating migrant smuggling and trafficking in human beings

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2. Amendment 2Proposal for a regulation · Recital 2
   Current text

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

   Amendment

   (2) Migrant smuggling is a criminal activity that disrespects human life and dignity of people in the pursuit of profit, undermining the fundamental rights of the people concerned as well as the migration management objectives of the Union. The European Council, in its conclusions of 9 February 2023, reaffirmed the importance of the fight against smugglers and affirmed the willingness to step up its action to prevent irregular departures and loss of life, also by intensifying cooperation with countries of origin and transit. Trafficking in human beings is a serious crime, often committed within the framework of organised crime, is a gross violation of fundamental rights, and is explicitly pr…

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3. Amendment 3Proposal for a regulation · Recital 3
   Current text

   (3) A “European Migrant Smuggling Centre” was created in 2016 by the Management Board of Europol in accordance with Article 11(1), point (s), of Regulation (EU) 2016/794 as such a Union centre of specialised expertise. It has continuously evolved since its inception and has expanded its range of activities in order to provide the best support to the Member States as a dynamic platform for operational cooperation, the exchange of information, and coordination between the Member States and partners engaged in the fight against migrant smuggling and the trafficking in human beings. The increases in irregular arrivals in the Union and in unauthorised movements within the Union, the rapid adaptab…

   Amendment

   (3) A “European Migrant Smuggling Centre” was created in 2016 by the Management Board of Europol in accordance with Article 11(1), point (s), of Regulation (EU) 2016/794 as such a Union centre of specialised expertise. It has continuously evolved since its inception and has expanded its range of activities in order to provide the best support to the Member States as a dynamic platform for operational cooperation, the exchange of information, and coordination between the Member States and partners engaged in the fight against migrant smuggling and the trafficking in human beings. The increase in the criminal activities of migrant smugglers and human traffickers, involved in the facilitation o…

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4. Amendment 4Proposal for a regulation · Recital 4
   Current text

   (4) The European Centre Against Migrant Smuggling should provide strategic, operational and technical support to Member States to prevent and combat migrant smuggling and trafficking in human beings. As part of its strategic tasks, it should provide a framework for the implementation of strategic and operational priorities of the Union by monitoring trends in migrant smuggling and trafficking in human beings. To that end it should provide annual reports, strategic analyses, threat assessments and situational updates on migratory routes and modi operandi, including indications that private parties may be used for migrant smuggling and trafficking in human beings. In the context of fulfilling…

   Amendment

   (4) The European Centre Against Migrant Smuggling should provide strategic, cross-disciplinary, operational and technical support to Member States to prevent and combat migrant smuggling and trafficking in human beings. As part of its strategic tasks, it should provide a framework for the implementation of strategic and operational priorities of the Union by monitoring trends and developments in migrant smuggling and trafficking in human beings, taking into account existing data from other relevant EU agencies such as the European Border and Coast Guard Agency, Eurojust, or the European Union Agency for Asylum. To that end it should provide an annual report on key priorities and actions, str…

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5. Amendment 5Proposal for a regulation · Recital 5
   Current text

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

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6. Amendment 6Proposal for a regulation · Recital 6
   Current text

   (6) In order to support its strategic analysis in the prevention and combating of migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should, for strategic tasks, be supported by a cooperation framework composed of Europol staff and involve representatives of the Commission, Member States’ specialised services, the European Union Agency for Criminal Justice Cooperation (Eurojust) and the European Border and Coast Guard Agency. The European Centre Against Migrant Smuggling should hold a meeting of the entities represented in the centre at least twice a year to ensure effective steer and coordination at Union level. To enable that centre to fulfil i…

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7. Amendment 7Proposal for a regulation · Recital 7
   Current text

   (7) As part of the operational and technical support to Member States, the European Centre Against Migrant Smuggling should ensure coordination of investigative and operational actions of the Member States, including through supporting Member States’ cross-border information exchange, operations and investigations, in particular in the framework of EMPACT, including by providing operational, technical, forensic and financial support. Furthermore, Europol should provide support to Member States in identifying cases of migrant smuggling and trafficking in human beings where investigations would need to be initiated, where needed in liaison with Eurojust, in cases that require setting up of ope…

   Amendment

   (7) As part of the operational and technical support to Member States, the European Centre Against Migrant Smuggling should ensure coordination and implementation of investigative and operational actions, including supporting Member States’ cross-border cooperation, information exchange, operations and investigations, in particular in the framework of EMPACT. Furthermore, Europol should provide support to Member States in identifying migrant smuggling and trafficking in human beings activities where investigations would need to be initiated, where needed in liaison with Eurojust, and including where this requires cooperation or the exchange of personal data with third countries, where necess…

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8. Amendment 8Proposal for a regulation · Recital 7 a (new)
   Amendment

   (7a) For the purpose of strengthening operational and technical support to preventing and combating migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should involve representatives from the Member States' national structures or mechanisms to prevent and combat migrant smuggling and trafficking in human beings, Eurojust and the European Border and Coast Guard Agency to ensure an effective, timely and systematic coordination and exchange of information on countering migrant smuggling and trafficking in human beings at Union level, ensuring a stronger inter-agency cooperation within their respective competences and with Member States. Permanent rep…

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9. Amendment 9Proposal for a regulation · Recital 7 b (new)
   Amendment

   (7b) In order to maximise the effectiveness of the European Centre against Migrant Smuggling, Europol should be able to invite the Commission and the main actors of the European Multidisciplinary Platform Against Criminal Threats (EMPACT), as well as other relevant Union bodies or Agencies, such as the European Union Agency for Asylum, to assist in the activities carried out by the European Centre against Migrant Smuggling, where the actions required fall within their mandates and when it provides added value. Furthermore, the European Centre against Migrant Smuggling should also be able to cooperate with Immigration Liaison Officers deployed in third countries and, where strictly necessary…

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10. Amendment 10Proposal for a regulation · Recital 7 c (new)
    Amendment

    (7c) To ensure that the tasks and governance of the European Centre Against Migrant Smuggling are sufficiently clear, the Management Board should be empowered, based upon a proposal from the Executive Director, to adopt implementing rules, including in relation to the specific types of operational and strategic tasks to be carried out and on the arrangements for participation of the representatives and invited participants. This participation should in any case be in accordance with their own legal frameworks.

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11. Amendment 11Proposal for a regulation · Recital 7 d (new)
    Amendment

    (7d) The collection and further processing of personal data, in the context of the prevention, detection and investigation of migrant smuggling and trafficking in human beings, should be carried out by Europol in accordance with the rules laid down in Regulations 2016/794 and 2018/1725 and in compliance with the applicable Union data protection standards, including the purpose limitation principle and the principles of necessity and proportionality.

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12. Amendment 12Proposal for a regulation · Recital 8
    Current text

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

    Amendment

    (8) Nevertheless, by way of derogation and in duly justified cases, the transfer of personal data by Europol to third countries may, in the absence of an adequacy decision or of adequate or appropriate data protection safeguards, be carried out in accordance with Article 25(5) of Regulation (EU) 2016/794.

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13. Amendment 13Proposal for a regulation · Recital 9
    Current text

    (9) For the purpose of strengthening operational and technical support to preventing and combating migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should, for operational tasks, involve liaison officers from the Member States, Eurojust and the European Border and Coast Guard Agency to ensure an effective, timely and systematic coordination and exchange of information on countering migrant smuggling and trafficking in human beings at Union level, ensuring a stronger inter-agency cooperation within their respective competences and with Member States. Other relevant internal structures of Europol should also provide all necessary support. Liaison…

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14. Amendment 14Proposal for a regulation · Recital 13
    Current text

    (13) Active engagement of the Member States and sharing of information with Europol is key to ensuring a comprehensive and coordinated Union approach to countering migrant smuggling. With a view to strengthening Member States’ capacities, Member States should designate specialised services for countering migrant smuggling, ensuring that they are adequately resourced to prevent and combat migrant smuggling and can share information on criminal investigations with Europol efficiently and effectively. In order to harmonise the sharing of information between the Member States and Europol on migrant smuggling, Member States should ensure that their designated services for countering migrant smugg…

    Amendment

    (13) Active engagement of the Member States and sharing of information with Europol is key to ensuring a comprehensive and coordinated Union approach to countering migrant smuggling. For the purposes of the work of the European Centre against Migrant Smuggling, and in particular, to allow the Centre to support the Member States by coordinating and implementing investigative and operational actions, Member States should seek to establish or strengthen dedicated structures or mechanisms within their competent authorities to prevent and combat migrant smuggling and trafficking in human beings. In order to harmonise the sharing of information between the Member States and Europol on migrant smug…

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15. Amendment 15Proposal for a regulation · Recital 14
    Current text

    (14) In order to ensure efficient sharing of information related to migrant smuggling among Member States and with Europol, especially in case of large criminal networks involving numerous suspects, Member States should employ the most appropriate supporting tools provided by Europol such as dedicated data loaders. Conversely, and so as to access and make the best use of all information and intelligence available at Union level on the corresponding cases, and in full respect of the appropriate data protection safeguards, Member States and Union agencies should systematically consult Europol information in the course of ongoing investigations related to migrant smuggling, including by using t…

    Amendment

    (14) In order to ensure efficient sharing of information related to migrant smuggling among Member States and with Europol, especially in case of large criminal networks involving numerous suspects, Member States should employ the most appropriate supporting tools provided by Europol.

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16. Amendment 16Proposal for a regulation · Recital 14 a (new)
    Amendment

    (14a) Effective and efficient exchange, comparison and analysis of biometric data will enhance the detection of identity fraud and the preventing and combating of crimes that fall within Europol’s objectives, including migrant smuggling and trafficking in human beings. Therefore, it should be ensured that the processing of biometric data is more clearly included as part of Europol's tasks in supporting the Member States. Any processing of biometric data should be in line with the existing safeguards set out in Regulation 2016/794 and Regulation 2018/1725 and should be strictly necessary and proportionate to the objective pursued. Particular attention should be given to the establishment of a…

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17. Amendment 17Proposal for a regulation · Recital 14 b (new)
    Amendment

    (14b) Europol and the competent authorities of the Member States should be encouraged to cooperate on investigations on migrant smuggling and trafficking in human beings, including when these criminal offences are committed using the internet, such as through social media platforms.

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18. Amendment 18Proposal for a regulation · Recital 14 c (new)
    Amendment

    (14c) It should be clarified that Europol staff may themselves, under certain conditions, implement investigative measures that relate to data processing and the rules for implementing such investigative measures should be laid out. Such measures should only be possible when they are carried out in liaison and in agreement with the competent authorities of the Member State concerned, are in accordance with Regulation 2016/794 and the national law of the Member State concerned, and are authorised by the Executive Director.

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19. Amendment 19Proposal for a regulation · Recital 15
    Current text

    (15) To prevent, detect and investigate cross-border serious organised crime and terrorism, coordination and concerted action is necessary. In addition to the possibility of the Member State to set up a joint investigation team in accordance with Council Framework Decision of 13 June 2002, Member States should be able to set up an operational task force to reinforce law enforcement cooperation with the support of Europol. This coordination mechanism among Member States’ police authorities and other law enforcement services should, with the support of Europol, enable them to conduct joint, coordinated and prioritised criminal intelligence activities and investigations notably on criminal netw…

    Amendment

    (15) To prevent, detect and investigate migrant smuggling and trafficking in human beings, coordination and concerted action is necessary. For this purpose, Member States may set up a joint investigation team in accordance with Council Framework Decision of 13 June 2002 including with the support of Europol. Where Europol has reason to believe that setting up a Joint Investigation Team would add value to an investigation into migrant smuggling and trafficking in human beings, it should propose this to the Member States concerned and take measures to assist them in setting up the joint investigation team, in accordance with Article 5 of Regulation (EU) 2016/794. In such cases, Europol should…

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20. Amendment 20Proposal for a regulation · Recital 16
    Current text

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

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21. Amendment 21Proposal for a regulation · Recital 17
    Current text

    (17) Europol should be able to deploy staff including seconded national experts in accordance with Regulation (EU) 2016/794 in the territory of a Member State upon request of that Member State, to provide analytical, operational, technical and forensic support in liaison and in agreement with the competent authorities of that Member State. These deployments should notably take place in the context of complex, large-scale and high-profile investigations, including in the context of joint investigation teams, in liaison with Eurojust where appropriate, or operational task forces. These deployments should also support further security checks against Europol or national databases in order to fac…

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22. Amendment 22Proposal for a regulation · Recital 18
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    (18) In order to ensure that Europol can provide effective support by way of deployment, the host Member State should be able to ensure a minimum set of requirements such as providing all relevant information to Europol. Europol should be able to deploy staff and seconded national experts rapidly, even in exceptional cases of urgency. The deployed Europol staff and seconded national experts should be able to carry out investigative non-coercive measures that relate to data processing in liaison and in agreement with the competent authorities of the Member State concerned, and in accordance with Regulation (EU) 2016/794 and that Member State’s national law.

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23. Amendment 23Proposal for a regulation · Recital 19
    Current text

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

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24. Amendment 24Proposal for a regulation · Recital 19 a (new)
    Amendment

    (19a) Recalling Recital 59 of Regulation 2016/794, the principle of rotation should be codified in terms of the maximum fixed contract duration of ten years for the overall term of service at Europol, irrespective of the number of contracts entered into for establishment plan posts which can be filled only by staff from the competent authorities of the Member States. This codification will provide social security to such staff by allowing for the obtention of a minimum pension entitlement as a result of their service for Europol and facilitate the reintegration of such staff members into the service at national level. The corresponding transitional arrangements will allow for contracts of st…

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25. Amendment 25Proposal for a regulation · Recital 20
    Current text

    (20) The reinforcement of Europol’s legal framework provides an opportunity to clarify that Europol’s objectives should also expressly cover violations of Union restrictive measures. Union restrictive measures are an essential tool for safeguarding the Union’s values, security, independence and integrity, consolidating and supporting democracy, the rule of law, human rights and the principles of international law and maintaining international peace, preventing conflicts and strengthening international security in line with the aims and principles of the United Nations Charter. Violations of Union restrictive measures therefore constitute a form of crime which affects a common interest covere…

    Amendment

    (20) The reinforcement of Europol’s legal framework provides an opportunity to clarify that Europol’s objectives should also expressly cover violations of Union restrictive measures in line with Directive (EU) 2024/1226. Union restrictive measures are an essential tool for safeguarding the Union’s values, security, independence and integrity, consolidating and supporting democracy, the rule of law, human rights and the principles of international law and maintaining international peace, preventing conflicts and strengthening international security in line with the aims and principles of the United Nations Charter. Violations of Union restrictive measures therefore constitute a form of crime…

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26. Amendment 26Proposal for a regulation · Recital 21
    Current text

    (21) [In accordance with Article 3 of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Ireland has notified its wish to take part in the adoption and application of this Regulation.] OR

    Amendment

    (21) In accordance with Article 3 of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Ireland has notified its wish to take part in the adoption and application of this Regulation.

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27. Amendment 27Proposal for a regulation · Recital 22
    Current text

    (22) [In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.]

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28. Amendment 28Proposal for a regulation · Recital 23 a (new)
    Amendment

    (23a) This Regulation has implications for the Union budget. Accordingly, the European Parliament’s Committee on Budgets adopted a budgetary assessment, which forms an integral part of Parliament’s mandate for negotiations.

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29. Amendment 29Proposal for a regulation · Recital 24
    Current text

    (24) [The European Data Protection Supervisor was consulted, in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council3 , and has delivered an opinion on […]4 . __________________ 3 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj). 4 OJ C …

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    (24) The European Data Protection Supervisor was consulted, in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council3, and has delivered an opinion on 23 January 20244. __________________ 3 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj). 4 European Data Protection Supervisor O…

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30. Amendment 30Proposal for a regulation · Chapter I
    Current text

    I GENERAL PROVISIONS 1 Subject matter and scope This Regulation lays down rules to enhance police cooperation and the support of the European Union Agency for Law Enforcement Cooperation (Europol) in preventing and combating migrant smuggling and trafficking in human beings, by: (a) establishing a European Centre Against Migrant Smuggling within Europol and a governance framework to regulate and support its activities; (b) enhancing cooperation and coordination between the Member States, Europol and other Union agencies; (c) reinforcing the exchange of information between the Member States and with Europol; (d) providing Europol with the necessary tools to support and strengthen actions by t…

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31. Amendment 31Proposal for a regulation · Chapter II
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    [...]

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32. Amendment 32Proposal for a regulation · Chapter III
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    [...]

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33. Amendment 33Proposal for a regulation · Chapter IV - Title
    Current text

    Chapter IV ENHANCING EUROPOL’S SUPPORT TO COMBATING MIGRANT SMUGGLING AND TRAFFICKING IN HUMAN BEINGS

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34. Amendment 34Proposal for a regulation · Article 9 – paragraph 1 – point 1 – introductory part
    Current text

    (1) in Article 2, the following points (w), (x) and (y) are added:

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    (1) in Article 2, the following points (w) and (ya) are added:

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35. Amendment 35Proposal for a regulation · Article 9 – paragraph 1 – point 1 · Regulation (EU) 2016/794 · Article 2, point w
    Current text

    (w) ‘SIENA’ means the secure information exchange network application, managed by Europol, aimed at facilitating the exchange of information;

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

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36. Amendment 36Proposal for a regulation · Article 9 – paragraph 1 – point 1 · Regulation (EU) 2016/794 · Article 2, point x
    Current text

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

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37. Amendment 37Proposal for a regulation · Article 9 – paragraph 1 – point 1 · Regulation (EU) 2016/794 · Article 2, point y
    Current text

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

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38. Amendment 38Proposal for a regulation · Article 9 – paragraph 1 – point 1 · Regulation (EU) 2016/794 · Article 2, point y a (new)
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    (ya) 'immigration liaison officer’ means a liaison officer deployed in a third country by the competent authorities of a Member State, in accordance with its national law, to deal with immigration-related issues, including where those issues are only a part of the liaison officer’s duties.’

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39. Amendment 39Proposal for a regulation · Article 9 – paragraph 1 – point 2 – point a – point i · Regulation (EU) 2016/794 · Article 4, paragraph 1, point c, point iii
    Current text

    (iii) in the context of operational task forces in accordance with Article 5a;

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40. Amendment 40Proposal for a regulation · Article 9 – paragraph 1 – point 2 – point a – point i · Regulation (EU) 2016/794 · Article 4, paragraph 1, point c, point iv
    Current text

    (iv) in the context of Europol deployments for operational support in accordance with Article 5b;;

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41. Amendment 41Proposal for a regulation · Article 9 – paragraph 1 – point 2 – point a – point ii · Regulation 2016/794 · Article 4, paragraph 1, point h
    Current text

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

    Amendment

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

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42. Amendment 42Proposal for a regulation · Article 9 – paragraph 1 – point 2 – point a – point iii · Regulation 2016/794 · Article 4, paragraph 1, point l
    Current text

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

    Amendment

    develop Union centres of specialised expertise for combating certain types of crime falling within the scope of Europol's objectives, including the European Cybercrime Centre and, in accordance with Article 16a, the European Centre Against Migrant Smuggling;

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43. Amendment 43Proposal for a regulation · Article 9 – paragraph 1 – point 2 – point a – point iv · Regulation 2016/794 · Article 4, paragraph 1, point s
    Current text

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

    Amendment

    (s) facilitate joint, coordinated and prioritised criminal intelligence activities and investigations, including with regard to persons referred to in point (r);

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44. Amendment 44Proposal for a regulation · Article 9 – paragraph 1 – point 2 – point a – point iv a (new)Regulation 2016/794 · Article 4, paragraph 1, point y a (new)
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    (iv a) the following point is inserted: ‘(ya) cooperate with the competent authorities of the Member States in the context of investigations into migrant smuggling and trafficking in human beings, including when these involve activities carried out over the internet’

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45. Amendment 45Proposal for a regulation · Article 9 – paragraph 1 – point 2 – point a – point v · Regulation 2016/794 · Article 4, paragraph 1, point za
    Current text

    (za) support Member States with the effective and efficient processing of biometric data.;

    Amendment

    (za) support Member States, including through the development of specific tools, with the effective and efficient processing of biometric data for preventing or combating crime that falls within Europol's objectives as set out in article 3. Processing of biometric data shall satisfy applicable minimum quality standards, and be carried out in compliance with Articles 18 and 18a, and the safeguards set out in this Regulation, in particular the principles of strict necessity and proportionality as set out in Article 30.

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46. Amendment 46Proposal for a regulation · Article 9 – paragraph 1 – point 2 – point b · Regulation 2016/794 · Article 4, paragraph 5, sub–paragraph 1
    Current text

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

    Amendment

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

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47. Amendment 47Proposal for a regulation · Article 9 – paragraph 1 – point 2 – point b · Regulation 2016/794 · Article 4, paragraph 5, sub–paragraph 2
    Current text

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

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48. Amendment 48Proposal for a regulation · Article 9 – paragraph 1 – point 2 – point b · Regulation 2016/794 · Article 4, paragraph 5, sub–paragraph 3
    Current text

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

    Amendment

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49. Amendment 49Proposal for a regulation · Article 9 – paragraph 1 – point 2 – point b · Regulation 2016/794 · Article 4, paragraph 5, sub–paragraph 3 a (new)
    Amendment

    Whilst the application of coercive measures shall be the exclusive responsibility of the competent authorities of the Member States, Europol staff may implement investigative measures that relate to data processing themselves, provided that those measures are: (i) carried out in liaison and in agreement with the competent authorities of the Member State concerned; (ii) carried out in accordance with this Regulation and with the national law of the Member State concerned; (iii) authorised by the Executive Director.

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50. Amendment 50Proposal for a regulation · Article 9 – paragraph 1 – point 3 · Regulation 2016/794 · Articles 5a and 5b
    Current text

    (3) [...]

    Amendment

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51. Amendment 51Proposal for a regulation · Article 9 – paragraph 1 – point 3a (new) · Regulation 2016/794 · Section 2a (new)
    Amendment

    (3a) the following Section is inserted: ‘Section 2a European Centre Against Migrant Smuggling’

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52. Amendment 52Proposal for a regulation · Article 9 – paragraph 1 – point 3 b (new) · Regulation 2016/794 · Section 2 a – Article 16 a (new)
    Amendment

    (3b) the following Article 16a is inserted: ‘Article 16a Tasks and composition of the European Centre Against Migrant Smuggling 1. The European Centre Against Migrant Smuggling is established within Europol as a Union centre of specialised expertise as referred to in Article 4(1), point (l). 2. The European Centre Against Migrant Smuggling shall carry out operational and strategic tasks in order to support Member States in the prevention and combating of migrant smuggling and trafficking in human beings. Those tasks shall include coordinating and implementing investigative and operational actions, supporting Member States’ cross-border cooperation, operations and investigations. It shall ide…

    Excerpt — full text in the official PDF.
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53. Amendment 53Proposal for a regulation · Article 9 – paragraph 1 – point 3 c (new) · Regulation 2013/794 · Section 2 a – Article 16 b (new)
    Amendment

    (3c) the following Article 16b is inserted: ‘Article 16b National structures or mechanisms to prevent and combat migrant smuggling and trafficking in human beings and effective information sharing with Europol 1. For the purposes of the work of the European Centre against Migrant Smuggling, and in particular, to allow the European Centre Against Migrant Smuggling to support the Member States by coordinating and implementing investigative and operational actions, Member States shall seek to establish or strengthen dedicated structures or mechanisms within their competent authorities to prevent and combat migrant smuggling and trafficking in human beings. Such structures or mechanisms may be n…

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54. Amendment 54Proposal for a regulation · Article 9 – paragraph 1 – point 4 a (new) · Regulation 2016/794 · Article 53
    Amendment

    (4a) Article 53 is replaced by the following: ‘Article 53 General provisions 1. The Staff Regulations, the Conditions of Employment of Other Servants and the rules adopted by agreement between the institutions of the Union for giving effect to the Staff Regulations and to the Conditions of Employment of Other Servants shall apply to the staff of Europol. 2. Europol staff shall consist of temporary staff or contract staff, or a combination thereof. The Management Board shall be informed on a yearly basis of contracts of an indefinite duration granted by the Executive Director. The Management Board shall decide which temporary posts provided for in the establishment plan can be filled only by…

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55. Amendment 55Proposal for a regulation · Article 9 – paragraph 1 – point 4 b (new) · Regulation 2016/794 · Article 74 c (new)
    Amendment

    (4b) the following Article 74c is inserted: ‘Article 74c Transitional arrangements concerning the length of service of staff 1. The contract of a temporary staff member provided for in the establishment plan who is in active employment on [the date of entry into force of this amending Regulation] shall be extended automatically to the maximum period of ten years provided that: (a) the temporary staff member was recruited to occupy a post which can be filled only by staff from the competent authorities of the Member States in accordance with Article 53(2) of this Regulation; (b) the contract has already been renewed once and is coming to the end of the maximum period of nine years of service.…

    Excerpt — full text in the official PDF.
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56. Amendment 56LIBEProposal for a regulation

    Replaces or inserts a longer passage — full text in the official document.

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57. Amendment 57ESNProposal for a regulation · Article 1 a (new)
    Amendment

    Article 1a In order to ensure the effectiveness of the European Centre to Combat Migrant Smuggling and to reinforce the action of the entities referred to in Article 1, points (a) to (c), the European Union shall suspend any public funding, whether direct or indirect, to associations, organisations or entities whose statutory purpose or activities consist in obstructing, contesting or legally challenging the actions undertaken pursuant to this Regulation;

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58. Amendment 58ESNProposal for a regulation · Article 6 – paragraph 1 – point a
    Current text

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

    Amendment

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

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59. Amendment 59ESNProposal for a regulation · Article 6 – paragraph 1 – point h a (new)
    Amendment

    (h a) recommending without delay to the Member States the administrative or judicial expulsion of third-country nationals involved in activities related to migrant smuggling or trafficking in human beings, where their involvement is demonstrated by substantiated evidence assessed in accordance with due process requirements of Member States;

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60. Amendment 60ESNProposal for a regulation · Article 8 a (new)
    Amendment

    Article 8a In order to prevent illegal entries and to avoid asylum applicants remaining on the territory of the Union during the examination of their claims, Member States may establish, in cooperation with safe third countries, external processing centres for applications for international protection. These centres shall facilitate: (a) cooperation between Member States and third countries; (b) the follow-up of applicants whose claims are accepted; (c) the swift execution of return procedures in the event of a negative decision; (d) the exercise of appeals within a controlled environment preventing any risk of absconding on the territory of the Union. Member States may assign Europol office…

    Excerpt — full text in the official PDF.
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