Changes between two versions
What changed between the plenary report and the adopted text
From · plenary report· 15 Nov 2023
on the proposal for a regulation of the European Parliament and of the Council amending Council Decision 2009/917/JHA, as regards its alignment with Union rules on the protection of personal data
To · adopted text· 6 Feb 2024
Amending Council Decision 2009/917/JHA, as regards its alignment with Union rules on the protection of personal data
Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.
The changes · 1
Change 1
Removed:Recital 2: (2) Council Decision 2009/917/JHA10 on the use of information technology for customs purposes establishes the Customs Information System (CIS) to assist in preventing, investigating and prosecuting serious contraventions of national laws by making information available more rapidly and increase the effectiveness of the customs administrations. In order to ensure a consistent approach to the protection of personal data in the Union, that Decision should be amended to align it with Directive (EU) 2016/680. In particular, the personal data protection rules should respect the principle of purpose limitation, be limited to specified categories of data subjects and categories of personal data, respect data security requirements, include additional protection for special categories of personal data and respect the conditions for subsequent processing. Moreover, provision should be made for the coordinated supervision model as introduced by Article 62 of Regulation (EU) 2018/172511 .
Added:P9_TC1-COD(2023)0143
Removed:Recital 5: (5) To ensure the optimal preservation of the data while reducing the administrative burden for the competent authorities, the procedure governing the retention of personal data in the CIS should be simplified by removing the obligation to review data annually and by setting as a general rule a maximum retention period of three years which can be increased, subject to justification, by an additional period of two years. That retention period is necessary and proportionate in view of the typical length of criminal proceedings and the need for the data for the conduct of joint customs operations and of investigations.
Added:Position of the European Parliament adopted at first reading on 6 February 2024 with a view to the adoption of Regulation (EU) 2024/… of the European Parliament and of the Council amending Council Decision 2009/917/JHA as regards its alignment with Union rules on the protection of personal data
Show 23 more lines
Removed:Decision 2009/917/JHA
Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2024/868).
Removed:Article 1 – paragraph 1 – point 2, Article 2 – paragraph 1 – point 2: (2) In Article 2 point (2) is replaced by the following: / ‘2. “personal data” means personal data as defined in Article 3, point (1), of Directive (EU) 2016/680 of the European Parliament and of the Council1a;’; / 1a Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
Removed:Decision 2009/917/JHA
Removed:Article 1 – paragraph 1 – point 3, Article 3 – paragraph 2: In relation to the processing of personal data in the Customs Information System, the Commission shall be considered the processor, within the meaning of point (12) of Article 3 of Regulation (EU) 2018/1725, acting, in accordance with Article 29 of that Regulation, on behalf of the national authorities designated by each Member State, which shall be considered the controllers of the personal data.
Removed:Decision 2009/917/JHA
Removed:Article 1 – paragraph 1 – point 5, Article 5 – paragraph 2: 2. For the purpose of the actions referred to in paragraph 1, personal data in any of the categories referred to in Article 3(1) may be entered into the Customs Information System only if there are reasonable and objective grounds, in particular on the basis of prior illegal activities, to suggest that the person concerned has committed, is in the act of committing or will commit criminal offences under national laws.
Removed:Decision 2009/917/JHA
Removed:Article 1 – paragraph 1 – point 6, Article 7 – paragraph 3: (6) In Article 7 paragraph 3 is deleted; / (deleted) / (deleted) / (deleted)
Removed:Decision 2009/917/JHA
Removed:Article 1 – paragraph 1 – point 7, Article 8 – paragraph 1 – subparagraph 1: Member States, Europol and Eurojust may process personal data obtained from the Customs Information System only in order to achieve the aim stated in Article 1(2), in accordance with the applicable rules of Union law on the protection of personal data.
Removed:Decision 2009/917/JHA
Removed:Article 1 – paragraph 1 – point 7 a (new), Article 8 – paragraph 2: (7a) In Article 8 paragraph 2 is replaced by the following: / ‘2. Without prejudice to paragraphs 1 and 4 of this Article, and Articles 11 and 12, data obtained from the Customs Information System shall only be used by national authorities in each Member State designated by the Member State in question, which are competent, in accordance with the laws, regulations and procedures of that Member State, to act in order to achieve the aim stated in Article 1(2).’;
Removed:Decision 2009/917/JHA
Removed:Article 1 – paragraph 1 – point 8, Article 8 – paragraph 4 – subparagraph 1 – point a: (a) transmitted to, and further processed by, national authorities other than those designated under paragraph 2, in accordance with the applicable rules of Union law on the protection of personal data; or
Removed:Decision 2009/917/JHA
Removed:Article 1 – paragraph 1 – point 8, Article 8 – paragraph 4 – subparagraph 1 – point b: (b) transferred to, and further processed by, the competent authorities of third countries and international or regional organisations, in accordance with Chapter V of Directive (EU) 2016/680 and, where relevant, with Chapters V and IX of Regulation (EU) 2018/1725.
Removed:Decision 2009/917/JHA
Removed:Article 1 – paragraph 1 – point 9, Article 14: Personal data entered into the Customs Information System shall be kept only for the time necessary to achieve the aim stated in Article 1(2). The need for their retention shall, as a general rule, be reviewed at least once every three years. However, exceptionally, that data may be kept for an additional period of at most two years, where and insofar as strictly necessary in order to achieve that aim in an individual case.
Removed:Decision 2009/917/JHA
Removed:Article 1 – paragraph 1 – point 11, Article 20: Directive (EU) 2016/680 and Regulation (EU) 2018/1725 shall apply to the processing of personal data under this Decision.
Removed:Decision 2009/917/JHA
Removed:Article 1 – paragraph 1 – point 13, Article 26: 1. The European Data Protection Supervisor shall be responsible for monitoring the processing of personal data under this Regulation by the Commission and for ensuring that it is carried out in accordance with this Regulation. The tasks and powers referred to in Articles 57 and 58 of Regulation (EU) 2018/1725 shall apply accordingly. / 2. The European Data Protection Supervisor shall carry out an audit of the processing of personal data by the Commission under this Regulation in accordance with international auditing standards at least every three years. A report on that audit shall be sent to the European Parliament, to the Council, to the Commission and to the national supervisory authorities. / 3. The European Data Protection Supervisor and the national supervisory authorities, each acting within the scope of their respective competences, shall cooperate actively within the framework of their responsibilities to ensure coordinated supervision in accordance with Article 62 of Regulation (EU) 2018/1725.