What changed between the draft committee report and the plenary report

Removed:Recital 11 a (new): (11a) Taking account of the evaluation planned in accordance with Article 23 of Regulation (EU) 2021/784 of the European Parliament and of the Council1a, and in view of addressing the broader problem of illegal content online, the need to broaden the scope of removal orders to cover the online dimension of migrant smuggling or trafficking in human beings, including online facilitation or public instigation, should be evaluated. / 1a Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online (OJ L 172, 17.5.2021, p. 79, ELI: http://data.europa.eu/eli/reg/2021/784/oj).

Added:Recital 13: (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 smuggling, Member States should aim to ensure that all relevant information for preventing and combating migrant smuggling and trafficking in human beings, including verified information transmitted by Immigration Liaison Officers deployed in third countries that falls within the scope of Europol’s legal framework, is shared with Europol and other Member States in a timely and effective manner, using the Secure Information Exchange Network Application (SIENA). This is in line with Directive (EU) 2023/977 of the European Parliament and of the Council of 10 May 2023 on the exchange of information between the law enforcement authorities of Member States and repealing Council Framework Decision 2006/960/JHA.

Removed:Recital 13: (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. Member States may designate existing services for this purpose. 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 smuggling are directly connected to SIENA to facilitate the sharing of information. This is in line with Directive (EU) 2023/977 of the European Parliament and of the Council of 10 May 2023 on the exchange of information between the law enforcement authorities of Member States and repealing Council Framework Decision 2006/960/JHA. Member States’ immigration liaison officers posted in third countries should also share information with Europol; for this purpose, they should also be connected to SIENA in order to ensure that they can carry out the sharing of information referred to in paragraph 1 in an efficient and effective manner.

Added:Recital 14: (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.

Removed:To clarify that no additional structures need be established should they already exist.

Added:Recital 14 a (new): (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 appropriate quality standards applicable to the processing and storage of biometric data. These quality standards should be consistent with the relevant minimum quality standards set out under Union law in respect of comparable biometric data processing to ensure an equivalent quality level, including notably the minimum quality standards established by the Commission pursuant to Articles 8, 13 and 22 of Regulation (EU) 2024/9821a. / 1a Regulation (EU) 2024/982 of the European Parliament and of the Council of 13 March 2024 on the automated search and exchange of data for police cooperation, and amending Council Decisions 2008/615/JHA and 2008/616/JHA and Regulations (EU) 2018/1726, (EU) No 2019/817 and (EU) 2019/818 of the European Parliament and of the Council (the Prüm II Regulation).

Removed:Recital 14 a (new): (14a) Effective and efficient exchange, comparison and analysis of biometric data will enhance the detection of identity fraud and the preventing and combating of crime. 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.

Added:Recital 14 b (new): (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.

Removed:Recital 15: (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 networks and groups as well as individual criminal actors, including persons whose criminal activities fall within the forms of crime for which Europol is competent and who constitute a high risk for security. It is important to ensure that the operational task force is a flexible and effective operational mechanism. Therefore, the detailed rules concerning their implementation should be adopted by the Management Board, based upon a proposal from the Executive Director. Those operational task forces can initiate certain dedicated criminal intelligence activities and investigations, or parallel financial investigations, in accordance with national and Union law, to identify and seize criminal assets. In order to ensure the well-functioning and the effectiveness of that mechanism, Member States …

Added:Recital 14 c (new): (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.

Removed:Recital 17: (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, or a third country, upon request of that Member State or third country, to provide analytical, operational, technical and forensic support in liaison and in agreement with the competent authorities of that Member State or third country. These deployments should remain a flexible tool and 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 facilitate rapid information exchange to strengthen controls at the Union’s external borders (secondary security checks), or migration management support teams in accordance with Regulation (EU) 2019/1896 of the European Parliament and of the Council2 . Europol should also make use of these deployments to support Member States in relation to major international events. Europol should also be able to deploy staff and seconded national experts in third countries with which it cooperates on the basis of an adequacy decision, an international agreement concluded between the Union and that third country pursuant to Article 218 TFEU, or a cooperation agreement between Europol and that third country concluded before 1 …

Added:Recital 15: (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 closely liaise with Eurojust.

Removed:Recital 19: (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 therefore ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support, at the request of Europol, while taking into account the available resources of the Member States' competent authorities. In order to achieve a geographically balanced and proportionate composition of the reserve pool, the Member States should also ensure that their competent authorities have sufficient resources to meet their fair share of contributions to the reserve pool, in proportion to their capacity and operational needs. These obligations should not apply to third countries where Europol deploys staff and seconded national experts for operational support

Added:Recital 16: deleted

Removed:Recital 19 a (new): (19a) As part of its tasks, Europol is able to support and strengthen actions by the competent authorities of the Member States. That support includes the coordination, organisation and implementation of investigative and operational actions, operational analysis as well as other analytical, forensic or technical support. If required for national criminal proceedings and permitted by national law, Europol staff should be able to be called upon to testify as witnesses in such proceedings, in accordance with Protocol No 7 on the Privileges and Immunities of the European Union, as well as with the obligation of discretion and confidentiality imposed on Europol staff by the Staff Regulations of Officials of the European Union (the 'Staff Regulations') and the Conditions of Employment of Other Servants of the European Union (the 'Conditions of Employment of Other Servants') laid down in Council Regulation (EEC, Euratom, ECSC) No 259/681a. / 1a OJ L 56, 4.3.1968, p. 1, ELI: http://data.europa.eu/eli/reg/1968/259(1)/oj

Added:Recital 17: deleted / (deleted)

Removed:Recital 19 b (new): (19b) Europol is subject to the general rules on contractual and non-contractual liability applicable to Union institutions, agencies, offices and bodies. Europol should also be subject to liability for unauthorised or incorrect data processing.

Added:Recital 18: deleted

Removed:Harmonises the applicable liability rules with other EU Agencies, such as Eurojust

Added:Recital 19: deleted

Changed:Recital 19 ca (new): (19c)(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 staff who are in their ninth year of service at Europol and that were concluded before the entry into force of this Regulation to be extended to the maximum fixed duration of ten years.

Added:Recital 20: (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 which affects a common interest covered by Union policy, and in relation to which Europol should have competence to act in order to support and strengthen action by the Member States. To ensure the effective investigation and prosecution of violations of Union restrictive measures, Member States’ competent authorities should cooperate with each other through and with Europol, Eurojust and the European Public Prosecutor’s Office, within their respective competences and in accordance with the applicable legal framework.

Added:Recital 21: (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.

Removed:Deletion in accordance with Ireland's announced intention to participate in this Regulation

Added:Recital 23 a (new): (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.

Removed:Deletion of the self-standing Regulation. Some of the provisions are repositioned as amendments to the existing Europol Regulation.

Added:Chapter II: deleted

Removed:Article 3: deleted / (deleted) / (deleted)

Added:Chapter III: deleted

Removed:Deletion of the self-standing Regulation. Some of the provisions are repositioned as amendments to the existing Europol Regulation.

Added:Chapter IV - Title: deleted

Removed:Article 4: deleted

Added:Article 9 – paragraph 1 – point 1 – introductory part: (1) in Article 2, the following points (w) and (ya) are added:

Removed:Deletion of the self-standing Regulation. Some of the provisions are repositioned as amendments to the existing Europol Regulation.

Removed:Article 5: deleted

Removed:Deletion of the self-standing Regulation. Some of the provisions are repositioned as amendments to the existing Europol Regulation.

Removed:Article 6: deleted

Removed:Deletion of the self-standing Regulation. Some of the provisions are repositioned as amendments to the existing Europol Regulation.

Removed:Article 7: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Deletion of the self-standing Regulation. Some of the provisions are repositioned as amendments to the existing Europol Regulation.

Removed:Article 8: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Deletion of the self-standing Regulation. Some of the provisions are repositioned as amendments to the existing Europol Regulation.

Removed:Regulation (EU) 2016/794

Removed:Article 9 – paragraph 1 – point 1, Article 2 – paragraph 1 – point y: (y) ‘Europol deployment for operational support’ means the deployment of Europol staff or seconded national experts in the territory of a Member State or a third country, upon request of that Member State or third country, or upon a proposal of the Executive Director, to provide analytical, operational, technical and forensic support in liaison and in agreement with the competent authorities of that Member State or third country, and with the authorisation of the Executive Director;

Removed:Regulation (EU) 2016/794

Removed:Article 9 – paragraph 1 – point 1, Article 2 – paragraph 1 – point y a (new): "(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 when those issues are only a part of the liaison officer’s duties."

Removed:Regulation (EU) 2016/794

Removed:Article 9 – paragraph 1 – point 2 – point a – point iii, Article 4 – paragraph 1 – point l: (l) 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;

Removed:Consequence of deleting the self-standing Regulation and the addition of Article 16a

Removed:Regulation (EU) 2016/794

Removed:Article 9 – paragraph 1 – point 2 – point a – point iv a (new), Article 4 – paragraph 1 – point y a (new): (iva) the following point is inserted: / "(ya) cooperate with the competent authorities of the Member States, including through the setting up of informal networks, to counter the online dimension of migrant smuggling and trafficking in human beings, including online facilitation or public instigation;"

Removed:Regulation (EU) 2016/794

Removed:Article 9 – paragraph 1 – point 2 – point a – point v, Article 4 – paragraph 1 – point za: (za) support Member States, including through the development of advanced tools, with the effective and efficient processing of biometric data, including dactyloscopic data, facial images and DNA profiles;

Removed:Regulation (EU) 2016/794

Removed:Article 9 – paragraph 1 – point 3, Article 5a – paragraph 3: deleted

Removed:Deletion in order to avoid excessive regulation and ensure greater flexibility of operational task forces. It is proposed to leave greater scope for the Management Board, based on a proposal from the Executive Director, to decide upon the details of operational task force implementation (paragraph 8).

Removed:Regulation (EU) 2016/794

Removed:Article 9 – paragraph 1 – point 3, Article 5a – paragraph 4: deleted

Removed:Deletion in order to avoid excessive regulation and ensure greater flexibility of operational task forces. It is proposed to leave greater scope for the Management Board, based on a proposal from the Executive Director, to decide upon the details of operational task force implementation (paragraph 8).

Removed:Regulation (EU) 2016/794

Removed:Article 9 – paragraph 1 – point 3, Article 5a – paragraph 5: 5. To support the implementation of an operational task force, Europol shall make available the analytical, operational, technical, forensic and financial support provided for by this Regulation, in accordance with paragraph 1.

Removed:Regulation (EU) 2016/794

Removed:Article 9 – paragraph 1 – point 3, Article 5a – paragraph 6: 6. Each Member State setting up, or participating in, or supporting an operational task force shall, in accordance with the planning, coordination and implementation referred to in paragraph 1, cooperate with Europol, and with other participating Member States, to the extent necessary for carrying out the tasks of the operational task force, in particular by providing and sharing all relevant information. / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Deletion in order to avoid excessive regulation and ensure greater flexibility of operational task forces. It is proposed to leave greater scope for the Management Board, based on a proposal from the Executive Director, to decide upon the details of operational task force implementation (paragraph 8).

Removed:Regulation (EU) 2016/794

Removed:Article 9 – paragraph 1 – point 3, Article 5a – paragraph 8: 8. Upon a proposal from the Executive Director, the Management Board shall adopt implementing rules for the setting up, participation in, and implementation of operational task forces. The participation of third countries and other partners in the operational task forces shall take place in accordance with this Regulation.

Removed:Regulation (EU) 2016/794

Removed:Article 9 – paragraph 1 – point 3, Article 5b – paragraph 1: 1. A Member State may request, in accordance with its national law, Europol deployment for operational support on its territory to make use of the analytical, operational, technical, forensic and financial support provided by Europol to prevent and combat crimes falling within Europol’s objectives. The Executive Director shall evaluate all requests and may accept or refuse the deployment, considering the operational needs, risk assessment, and available resources.

Removed:Regulation (EU) 2016/794

Removed:Article 9 – paragraph 1 – point 3, Article 5b – paragraph 2: deleted

Removed:Deletion in order to avoid excessive regulation and ensure greater flexibility of Europol deployments. It is proposed to leave greater scope for the Management Board, based on a proposal from the Executive Director, to decide upon the details of Europol deployments (paragraph 9).

Removed:Regulation (EU) 2016/794

Removed:Article 9 – paragraph 1 – point 3, Article 5b – paragraph 3: deleted

Removed:Deletion in order to avoid excessive regulation and ensure greater flexibility of Europol deployments. It is proposed to leave greater scope for the Management Board, based on a proposal from the Executive Director, to decide upon the details of Europol deployments (paragraph 9).

Removed:Regulation (EU) 2016/794

Removed:Article 9 – paragraph 1 – point 3, Article 5b – paragraph 5: deleted

Removed:Deletion in order to avoid excessive regulation and ensure greater flexibility of Europol deployments. It is proposed to leave greater scope for the Management Board, based on a proposal from the Executive Director, to decide upon the details of Europol deployments (paragraph 9).

Removed:Regulation (EU) 2016/794

Removed:Article 9 – paragraph 1 – point 3, Article 5b – paragraph 6: 6. Europol shall set up a mandatory reserve pool of Member States’ experts for the purpose of Europol deployments for operational support. The reserve pool shall constitute a reserve of experts working in their Member States that can be placed at the immediate disposal of Europol for that purpose. The Member States shall ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support at the request of Europol, in accordance with the principle of fair sharing of responsibility, ensuring that each Member State contributes fairly while maintaining the necessary resources to fulfil its national responsibilities. To the greatest extent possible, the composition of the reserve pool shall be both geographically balanced and proportionate to the capacities of each Member State.

Removed:Regulation (EU) 2016/794

Removed:Article 9 – paragraph 1 – point 3, Article 5b – paragraph 9: 9. Upon a proposal from the Executive Director, the Management Board shall adopt implementing rules for the preparation and implementation of Europol deployments for operational support, including on the number and profiles of experts to be included in the reserve pool and any subsequent changes thereto.

Removed:Regulation (EU) 2016/794

Removed:Article 9 – paragraph 1 – point 3 a (new), Article 8 a (new): (3a) the following is inserted: / "Article 8a / National specialised services to prevent and combat migrant smuggling and trafficking in human beings / 1. By ... [one year after the entry into force of this Regulation], each Member State shall designate one or more specialised services within its competent authorities, in accordance with national law, to prevent and combat migrant smuggling and trafficking in human beings, including through criminal investigations, and immediately inform the Commission thereof. / 2. Each Member State shall ensure that its specialised services designated in accordance with paragraph 1 of this Article collect all relevant information concerning and resulting from criminal investigations into migrant smuggling and trafficking in human beings and shall share such information as soon as possible with Europol and other Member States via Europol’s Secure Information Exchange Network Application (SIENA). / 3. Each Member State shall ensure that its immigration liaison officers are connected to SIENA and cooperate, as far as possible, and in accordance with national law, with the specialised services designated in accordance with paragraph 1, and Europol in the prevention and combating of migrant smuggling and trafficking in human beings."

Removed:Regulation (EU) 2016/794

Removed:Article 9 – paragraph 1 – point 3 b (new), Section 2 a (new) – Article 16a (new): (3b) the following Section is inserted: / "Section 2a / European Centre Against Migrant Smuggling / Article 16a / Tasks and composition of the European Centre Against Migrant Smuggling / 1. The European Centre Against Migrant Smuggling shall be established within Europol as a Union centre of specialised expertise. It shall support Member States in the prevention and combating of migrant smuggling and trafficking in human beings by carrying out operational and strategic tasks. Those tasks shall include coordinating, organising and implementing investigative and operational actions, and supporting Member States’ cross-border information exchange activities, operations and investigations, as well as joint investigation teams and operational task forces. It shall also include monitoring migrant smuggling and trafficking in human beings taking place in the Union and in third countries, and in identifying cases of migrant smuggling and trafficking in human beings that may require cooperation with third countries, including by exchanging personal data. The European Centre Against Migrant Smuggling shall also provide strategic analyses and threat assessments on migrant smuggling and on trafficking in human beings, and an annual report identifying the main operational priorities and possible related actions at Union level. / 2. Europol shall provide the European Centre Against Migrant Smuggling with adequate resources to fulfil its tasks. / 3. The European Centre Against Migrant Smugg…

Removed:Proposes to establish the European Centre Against Migrant Smuggling within the Europol Regulation. It is proposed to leave greater scope for the Management Board, based on a proposal from the Executive Director, to decide upon the detailed tasks of the Centre and the involvement of other entities (paragraph 4).

Removed:Regulation (EU) 2016/794

Removed:Article 9 – paragraph 1 – point 4 a (new), Article 49 – paragraph 5 a (new): (4a) in Article 49, the following paragraph is added: / "5a. Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation in accordance with Article 65 of Regulation (EU) 2018/1725 and Article 56 of Directive (EU) 2016/680."

Removed:Article 9 – paragraph 1 – point 4 b (new), Article 50: (4b) Article 50 is replaced by the following: / "Article 50 / Liability for unauthorised or incorrect processing of data / 1. Europol shall be liable, in accordance with Article 340 TFEU, for any damage caused to an individual which results from the unauthorised or incorrect processing of data carried out by it. / 2. Complaints against Europol on grounds of the liability referred to in paragraph 1 of this Article shall be heard by the Court of Justice of the European Union in accordance with Article 268 TFEU. / 3. Each Member State shall be liable, in accordance with its national law, for any damage caused to an individual which results from the unauthorised or incorrect processing carried out by it of data which were communicated to Europol."

Added:Article 9 – paragraph 1 – point 1, Article 2, point w: (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;

Removed:Harmonises the applicable liability and compensation regime with other agencies (cf. Article 46 Eurojust Regulation)

Removed:Article 9 – paragraph 1 – point 4 g (new), Article 74 c (new): (4g) the following Article 74c is inserted: / ‘Article 74c / Transitional arrangements concerning the length of service of the Executive Director, the Deputy Directors and staff / 1. The Executive Director, appointed on the basis of Article 54 of this Regulation, whose term of office comes to an end after...[the entry into force of this amending Regulation], shall have his or her first or second term of office automatically extended to allow for the maximum period of ten years of service. That extension shall not constitute a contract renewal pursuant to Article 8 the Conditions of Employment of other Servants. / 2. Where the Executive Director is unwilling to accept the automatic extension foreseen in paragraph 1, the Executive Director may retain his or her existing term of office. / 3. Paragraphs 1 and 2 of this Article shall apply to the Deputy Executive Directors appointed on the basis of Article 55 of this Regulation, whose term of office comes to an end after...[the entry into force of this amending Regulation]. / 4. 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)…

Added:Article 9 – paragraph 1 – point 2 – point a – point i, Article 4, paragraph 1, point c, point iv: deleted

Removed:To allow the specified agency staff and Executive Management already in place at the time of the entry into force of this amending Regulation to benefit from the new rules.

Added:Regulation 2016/794

Added:Article 9 – paragraph 1 – point 2 – point a – point ii, Article 4, paragraph 1, point h: (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;

Added:Regulation 2016/794

Added:Article 9 – paragraph 1 – point 2 – point a – point iii, Article 4, paragraph 1, point l: 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;

Added:Regulation 2016/794

Added:Article 9 – paragraph 1 – point 2 – point a – point iv, Article 4, paragraph 1, point s: (s) facilitate joint, coordinated and prioritised criminal intelligence activities and investigations, including with regard to persons referred to in point (r);

Added:Regulation 2016/794

Added:Article 9 – paragraph 1 – point 2 – point a – point iv a (new), Article 4, paragraph 1, point y a (new): (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’

Added:Regulation 2016/794

Added:Article 9 – paragraph 1 – point 2 – point a – point v, Article 4, paragraph 1, point za: (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.

Added:Regulation 2016/794

Added:Article 9 – paragraph 1 – point 2 – point b, Article 4, paragraph 5, sub–paragraph 1: 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.

Added:Regulation 2016/794

Added:Article 9 – paragraph 1 – point 2 – point b, Article 4, paragraph 5, sub–paragraph 2: deleted

Added:Regulation 2016/794

Added:Article 9 – paragraph 1 – point 2 – point b, Article 4, paragraph 5, sub–paragraph 3: deleted

Added:Regulation 2016/794

Added:Article 9 – paragraph 1 – point 2 – point b, Article 4, paragraph 5, sub–paragraph 3 a (new): 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.

Added:Regulation 2016/794

Added:Articles 5a and 5b

Added:Article 9 – paragraph 1 – point 3: deleted

Added:Regulation 2016/794

Added:Article 9 – paragraph 1 – point 3a (new), Section 2a (new): (3a) the following Section is inserted: / ‘Section 2a / European Centre Against Migrant Smuggling’

Added:Regulation 2016/794

Added:Article 9 – paragraph 1 – point 3 b (new), Section 2 a – Article 16 a (new): (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 identify and monitor smuggling and trafficking activities, including those that may require cooperation and, where necessary, the exchange of personal data with third countries. It shall provide strategic analyses, threat assessments, and an annual report on key priorities and actions. The European Centre Against Migrant Smuggling shall also support the identification of victims of trafficking or other vulnerable individuals, ensuring the necessary cooperation with the EU anti-trafficking coordinator referred to in Article 20 of Directive (EU) 2011/36/EU. / 3. Europol shall provide the European Centre Against Migrant Smuggling with adequate resources to fulfil its tasks. / 4. The European Centre Against Migrant Smuggling shall be composed of Europol staff and representatives of the fo…

Added:Regulation 2013/794

Added:Article 9 – paragraph 1 – point 3 c (new), Section 2 a – Article 16 b (new): (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 newly established or may be existing entities, which can be adapted or strengthened as necessary. / 2. Member States shall aim to ensure that all relevant information for preventing and combating migrant smuggling and trafficking in human beings, including verified information transmitted by Immigration Liaison Officers deployed in third countries that falls within the scope of Europol’s legal framework, is shared with Europol and other Member States in a timely and effective manner, using the Secure Information Exchange Network Application (SIENA). / 3. Member States shall ensure synergies between the structures or mechanisms referred to in paragraph 1, where applicable, and the national anti-trafficking coordinators or equivalent mechanisms designated under Article 19 of Directive (…

Added:Regulation 2016/794

Added:Article 9 – paragraph 1 – point 4 a (new), Article 53: (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 staff from the competent authorities of the Member States. Staff recruited to occupy such posts shall be temporary agents and may be awarded only fixed-term contracts, renewable once for an overall maximum fixed period of ten years.’

Added:Regulation 2016/794

Added:Article 9 – paragraph 1 – point 4 b (new), Article 74 c (new): (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. / That automatic extension shall not constitute a contract renewal pursuant to Article 8 of the Conditions of Employment of other Servants. A staff member who does not accept the automatic extension referred to in the first subparagraph may retain his or her existing contractual relationship with Europol in accordance with Article 53.’

Removed:– The report aims to simplify and clarify the structure of the Commission proposal, by deleting the self-standing regulation and repositioning some of those provisions as amendments to the existing Europol Regulation. This reduces legal complexity, improves readability and ensures that the governance of the agency is managed by a single EU Regulation.

Added:– By its nature, migrant smuggling has a cross-border dimension. Therefore, dismantling smuggling networks requires more efficient and effective data sharing and cross-border cooperation between Member States, EU agencies and with third countries. In this respect, Europol should be the Union criminal information hub and act as a service provider. This Report also endorses the proposals to enhance the responsibility of Member States to share data with Europol and with each other, including verified information transmitted by Immigration Liaison Officers deployed in third countries, where that information falls within the scope of Europol’s legal framework. It is also proposed to emphasise the role of the Secure Information Exchange Network Application (SIENA), which is managed by Europol and facilitates the exchange of information between Member States, Europol, other Union bodies, third countries and international organisations.

Removed:– By its nature, migrant smuggling has a cross-border dimension. Therefore, dismantling smuggling networks requires more efficient and effective data sharing and cross-border cooperation between Member States, EU agencies and with third countries. This Draft Report endorses the Commission proposals to enhance the responsibility of Member States to share data in this respect.

Added:- The report also provides that the 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.

Removed:– In order to enhance police cooperation in relation to the prevention, detection and investigation of migrant smuggling, Europol has a comprehensive toolbox at its disposal. This Draft Report supports the Commission proposal to codify these tools and structures for legal clarity and to provide general direction, while maintaining the much needed flexibility to adapt to changing circumstances, leaving sufficient scope for Europol’s Management Board to decide upon the details of the functioning of these tools and structures. To reinforce the role of the Europol Executive Director, it is also proposed that these implementing rules shall be based upon the Executive Director’s proposal. The tools and structures include the following:

Added:- To enhance Europol’s capabilities in the fight against migrant smuggling and trafficking and human beings, this report proposes the formal establishment, within Europol, of the European Centre Against Migrant Smuggling as a Union centre of specialised expertise. It shall carry out operational and strategic tasks in order to support Member States in preventing and combating migrant smuggling and trafficking in human beings. The Centre shall be composed of representatives from the Member States' national structures or mechanisms dedicated to preventing and combating migrant smuggling and trafficking in human beings, where applicable. It shall also be composed of permanent representatives from Frontex and Eurojust. It is proposed to leave up to the Agencies themselves to decide on whether to relocate these representatives in the interests of their tasks.

Removed:The European Centre Against Migrant Smuggling, which shall be established within Europol as a Union centre of specialised expertise. It shall support Member States in the prevention and combating of migrant smuggling and trafficking in human beings by carrying out operational and strategic tasks. The Centre shall be composed of representatives from the national specialised services dedicated to preventing and combating migrant smuggling and trafficking in human beings. It shall also be composed of permanent representatives from Frontex and Eurojust. It is proposed to leave up to the Agencies themselves to decide on whether to relocate these representatives in the interests of their tasks.

Added:– The report supports the intention to include the processing of biometric data within the agency’s tasks and proposes to reinforce this. The rules also ensure that any such processing is in line with existing EU data protection rules and proportionate to a specific goal, and adhering to minimum quality standards. Given that migrant smuggling and trafficking in human beings are often committed using the internet, including through social media platforms, it is also proposed to encourage Europol’s cooperation with Member State authorities in investigating these activities.

Removed:In the context of Europol deployments for operational support, Europol shall set up a mandatory 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, in proportion to their capacity and operational needs.

Added:- The LIBE report also proposes to clarify the rules governing Europol staff’s powers to independently process data related to investigations, which shall always be in liaison with and in agreement with national authorities.

Removed:Member States should be able to set up operational task forces to reinforce law enforcement cooperation with the support of Europol. Also the Executive Director must have the prerogative to propose operational task forces to the Member States.

Added:- Regarding the structure, the report simplifies and clarifies the Commission proposal, by deleting the proposed self-standing regulation and repositioning some of those provisions as amendments to the existing Europol Regulation. This reduces legal complexity, improves readability and ensures that the governance of the agency is managed by a single EU Regulation.

Removed:Member States shall designate specialised services to prevent and combat migrant smuggling and trafficking in human beings. These services shall share all relevant information resulting from criminal investigations as soon as possible with Europol and other Member States. No additional structures need to be established should they already exist.

Added:– Finally, for Europol to successfully and effectively carry out its mandate, internal staff aspects should be improved when needed. This report includes amendments to the rules governing the length of service of Europol staff hired directly from the national competent authorities, whilst ensuring the transitional arrangements are in place to allow for this amendment to support all staff affected, including those already in post.

Removed:The Rapporteur supports the Commission’s intention to include the processing of biometric data within the agency’s tasks and proposes to reinforce this. Given the role played in the facilitation and instigation of migrant smuggling and trafficking in human beings by online services, it is also proposed to clarify Europol’s support to countering the online dimension of these criminal activities.

Added:BUDGETARY ASSESSMENT BY THE COMMITTEE ON BUDGETS

Removed:– For Europol to successfully and effectively carry out its mandate, procedural and internal staff aspects should be improved when needed. This draft report includes amendments to harmonise the term of office of the Executive Management and staff, and applicable liability and compensation regimes with other agencies such as Frontex, the EU Agency for Fundamental Rights (FRA) and eu-LISA, while safeguarding the rights of any person potentially affected. It also clarifies the rules concerning witness testimony by Europol staff, since the current legal framework is insufficient and may generate misinterpretations regarding the legal status of Europol staff members in national courts or regarding the scope of their testimony.

Added:for the Committee on Civil Liberties, Justice and Home Affairs

Added:on the 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

Added:Rapporteur for budgetary assessment: Hélder Sousa Silva

Added:The Committee on Budgets has carried out a budgetary assessment of the proposal under Rule 58 of the Rules of Procedure and has reached the following conclusions:

Added:A. whereas the estimated financial impact of the proposal for the period 2025-2027 amounts to EUR 48.9 million of operational appropriations under Heading 5, and EUR 1.1 million of administrative appropriations under Heading 7, which is under pressure due to increasing needs and negative margins;

Added:B. whereas operational appropriations will be made available in part through the margin (EUR 20 million) and in part via budgetary offsetting against the Border Management and Visa Instrument (BMVI) and the Internal Security Fund (ISF) programmes;

Added:C. whereas the required administrative appropriations will be covered by appropriations from the Directorate-General (DG) that are already assigned to management of the action and/or have been redeployed within the DG;

Added:D. whereas the proposal requires the use of human resources for the parent DG, which will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints;

Added:1. Welcomes the increase of 50 full-time equivalent posts (FTEs) proposed for Europol for the period 2025-2027 but disagrees with the distribution of these posts to 10 administrator-grade (AD) temporary agents, 20 contract agents and 20 seconded national experts owing to differences in the nature of the functions that staff on these contract types can undertake and the requirements of Europol’s new mandate; points out the greater need for temporary agents and therefore calls for the distribution to be modified in the following way: 20 AD temporary agents, 10 contract agents and 20 seconded national experts; considers that this distribution would better enable the efficient implementation of the Regulation, in line with Article 53(2) of the Europol Regulation and Europol internal procedures;

Added:2. Notes that the 50 FTEs proposed will be offset by a reduction in the future reinforcement of Frontex staff according to the Commission’s proposal; underlines that redeployments from other programmes and priorities should be limited and examined with due care; voices its concern that, according to the proposal, Europol and Frontex would need to agree on the concrete modalities of the transfer of staff between the two agencies, while respecting the criteria and timeline established by the co-legislators; calls on the Commission to include in the proposal the criteria for staff transfers; emphasises that these modalities should be set by the co-legislators;

Added:3. Voices concern about the continuous transfer of funding between EU home affairs funds, particularly in recent years, namely affecting the BMVI and the ISF; calls on the Commission to provide a justified explanation to co-legislators and specify the amounts redeployed from each programme clearly in the legislative financial statement; notes the impact of the staffing increase of 50 FTEs being offset by a reduction in the future reinforcement of Frontex staff;

Added:4. Determines that the proposal is compatible with the ceilings of the multiannual financial framework and the system of own resources;

Added:5. Determines that the proposal is compatible with the Interinstitutional Agreement, but regrets the fact that before presenting this proposal, the Commission did not produce an impact assessment concerning the proposed measures or offer a plausible explanation for not doing so despite the proposal’s impact on the resources of Europol, Eurojust, Frontex, and the parent DG; emphasises that impact assessments should ensure that policy changes remain cost-effective and do not compromise the effectiveness of justice and home affairs agencies; regrets that, in the absence of a prior impact assessment presented by the Commission, Parliament therefore commissioned its own alternative analysis;

Added:6. Determines that the proposal is compatible and should be implemented in accordance with the budgetary principles laid down in Title II of the Financial Regulation;

Added:7. Calls for further clarifications to be made to the European Parliament and the Council on the legislative financial statement accompanying the proposal, and more specifically on the redeployment of financial and human resources from other programmes, agencies and the parent DG;

Added:8. Reiterates that any new tasks entrusted to decentralised justice and home affairs agencies should be financed through fresh appropriations, and that redeployments from other programmes and priorities should be limited, duly justified and examined with due care.

Added:As part of its budgetary assessment, the Committee on Budgets also submits the following amendment to the proposal:

Added:Recital 23 a (new): 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.

Changed:Title:Title 1: amending Regulation (EU) 2016/794,2016/794 as regards the strengthening of Europol'sEuropol’s support,support and enhancing police cooperation, for preventing and combating migrant smuggling and trafficking in human beings

Changed:Recital 24: (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 ,Council3, and has delivered an opinion on 23 January 20244. / 4 European Data Protection Supervisor Opinion 4/2024, https://www.edps.europa.eu/system/files/2024-01/2023-1247_d0187_opinion_en.pdf

Changed:Chapter I: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added:Article 9 – paragraph 1 – point 1, Article 2, point x: deleted

Removed:Article 9 – paragraph 1 – point 4 d (new), Article 54 – paragraph 3 – introductory part: (4 d) in Article 54, paragraph 3, introductory part is replaced by the following: / ‘3. The term of office of the Executive Director shall be five years. By the end of that period, the Commission, in association with the Management Board, shall undertake an assessment taking into account:'

Added:Article 9 – paragraph 1 – point 1, Article 2, point y: deleted

Removed:Proposes to harmonise the term of office of the Executive Management with that of other JHA Agencies such as Frontex, the EU Agency for Fundamental Rights (FRA) and eu-LISA

Removed:Article 9 – paragraph 1 – point 4 e (new), Article 54 – paragraph 4: (4e) Article 54, paragraph 4 is replaced by the following: / '4. The Council, acting on a proposal from the Management Board that takes into account the assessment referred to in paragraph 3, may extend the term of office of the Executive Director once and for no more than five years’

Added:Article 9 – paragraph 1 – point 1, Article 2, point y a (new): (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.’

Removed:Proposes to harmonise the term of office of the Executive Management with that of other JHA Agencies such as Frontex, the EU Agency for Fundamental Rights (FRA) and eu-LISA

Removed:Article 9 – paragraph 1 – point 4 f (new), Article 63 a (new): (4f) the following Article 63a is inserted: / ‘Article 63a / Witness testimony by Europol staff / The Executive Director shall decide upon the authorisation for Europol staff to testify before a court of a Member State as a witness. The authorisation to testify shall not be unduly withheld, and, depending on the circumstances, the Executive Director may define conditions for the testimony, in accordance with national law. These provisions also apply to staff formerly employed by Europol.'

Added:Article 9 – paragraph 1 – point 2 – point a – point i, Article 4, paragraph 1, point c, point iii: deleted

Changed:These criminal networks generate a staggering amount of EUR 4.7 to EUR 6 billion annually in revenue. Therefore, all Member State authorities, EU agencies and key actors, such as travel and transport companies and civil society organisations, have a legal duty and a moral responsibility to make every effort to prevent migrant smuggling.smuggling and trafficking in human beings.

Changed:The European Union Agency for Law Enforcement Cooperation (Europol) plays an essential role to coordinate these efforts, which is underscored by European Commission President von der Leyen, who emphasised that police should be able to work across Europe without borders. The Commission also proposed to double Europol's staff and strengthen its mandate in order for Europol to become a truly operational police agency. Being part of the revised Facilitators Package, the Proposal for a Regulation 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, represents an important step forward in achieving these goals and systematically addressing the crime of migrant smuggling both within the EU and from third countries. The European Commission estimated that an additional budget of EUR 50 million and 50 additional posts are required for the overall period of the current Multiannual Financial Framework 2021-2027. This Regulation will release these much needed additional funds and create these extra posts for Europol to fully and efficiently carry out the new strategic and operational tasks assigned to itit, as well as its revised mandate.

Changed:This Draft Report’sreport’s key aspects to enhance the effective implementation of the legislative proposal include the following: