What changed between the draft committee report and the plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

11 unchanged paragraphs

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

(COM(2023)0754 – C90431/2023 – 2023/0438(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0754),

– having regard to Article 294(2) and Article 85(1), Article 87(2) and Article 88(2), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90431/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the budgetary assessment by the Committee on Budgets,

– having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to the opinion of the European Economic and Social Committee of 10 July 2024,

– having regard to Rules 60 and 58 of its Rules of Procedure,

Changed:– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A100000/2025),(A10-0109/2025),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

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

Change 2

Added:Recital 2: (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 prohibited by the Charter of Fundamental Rights of the European Union (the ‘Charter’). Preventing and combating trafficking in human beings, and supporting the victims of trafficking, regardless of their country of origin, remains a priority for the Union and the Member States. 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 of Europol, and in particular its Union centre of specialised expertise for combating migrant smuggling and trafficking in human beings.

Added:Recital 3: (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 of irregular arrivals into and unauthorised movements within the Union, the rapid adaptability of criminal organised groups, and the development of new modi operandi and sophisticated methods urgently require a significant reinforcement of the role of Europol’s Union centre of specialised expertise for combating migrant smuggling and trafficking in human beings by establishing it as a permanent structure within Europol and by strengthening the level of its engagement in supporting the Member States in the prevention and combating of migrant smuggling and trafficking in human beings. Its name should be “European Centre Against Migrant Smuggling”.

Added:Recital 4: (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, 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. Due to its work in preventing and combating trafficking in human beings, the European Centre Against Migrant Smuggling should 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 2011/36/EU.

Added:Recital 5: deleted

Recital 6: deleted

Change 3

Changed:Recital 7 a (new): (7a)7: For(7) theAs purposepart of strengtheningthe operational and technical support to preventing and combating migrant smuggling and trafficking in humanMember beings,States, the European Centre Against Migrant Smuggling should involveensure representativescoordination fromand theimplementation Memberof States'investigative specialisedand services,operational Eurojustactions, andincluding thesupporting EuropeanMember BorderStates’ cross-border cooperation, information exchange, operations and Coastinvestigations, Guardin Agencyparticular toin ensurethe anframework effective,of timelyEMPACT. andFurthermore, systematicEuropol coordinationshould andprovide exchangesupport ofto informationMember onStates counteringin identifying migrant smuggling and trafficking in human beings at Unionactivities level,where ensuringinvestigations awould strongerneed inter-agencyto cooperationbe withininitiated, theirwhere respectiveneeded competencesin andliaison with Member States. PermanentEurojust, representativesand fromincluding Eurojustwhere andthis therequires Europeancooperation Borderor andthe Coastexchange Guardof Agencypersonal shoulddata bewith nominatedthird forcountries, thiswhere purpose.necessary.

Change 4

Changed:Recital 7 ba (new): (7b) In order to(7a) maximiseFor the effectivenesspurpose of the European Centre Against Migrant Smuggling,strengthening Europoloperational shouldand betechnical ablesupport to invite otherpreventing participantsand tocombating bemigrant involvedsmuggling inand carryingtrafficking outin activitieshuman ofbeings, the European Centre Against Migrant Smuggling. ThisSmuggling mayshould includeinvolve inrepresentatives particular,from the CommissionMember andStates' thenational mainstructures actorsor ofmechanisms theto Europeanprevent Multidisciplinaryand Platformcombat Againstmigrant Criminalsmuggling Threatsand (EMPACT),trafficking asin wellhuman asbeings, otherEurojust relevantand Unionthe bodiesEuropean orBorder agencies,and whenCoast fallingGuard withinAgency theirto competences.ensure Thean Europeaneffective, Centretimely Againstand Migrantsystematic Smugglingcoordination shouldand alsoexchange beof ableinformation toon cooperatecountering withmigrant thesmuggling Europeanand Externaltrafficking Actionin Servicehuman andbeings Commonat SecurityUnion andlevel, Defenceensuring Policya missionsstronger andinter-agency operations,cooperation wherewithin appropriatetheir respective competences and relevant,with inMember lineStates. withPermanent theirrepresentatives respectivefrom mandatesEurojust and competences,the asEuropean wellBorder asand inCoast accordanceGuard withAgency Europol’sshould mandate.be nominated for this purpose. Europol should ensure that the European Centre Against Migrant Smuggling has adequate resources to fulfil its duties and that other relevant internal structures of Europol provide it with all necessary support.

Change 5

Removed:Recital 7 c (new): (7c) To ensure that the tasks and governance of the European Centre Against Migrant Smuggling remain sufficiently flexible, the Management Board should be empowered, based upon a proposal from the Executive Director, to adopt implementing rules, including in relation to the types of operational and strategic tasks to be carried out and on the arrangements for participation of the representatives and invited participants.

Added:Recital 7 b (new): (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 and proportionate, with the European External Action Service and the Common Security and Defence Policy missions, in line with their respective mandates and always in accordance with Europol's mandate.

Added:Recital 7 c (new): (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.

Added:Recital 7 d (new): (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.

Added:Recital 8: (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.

Recital 9: deleted

Change 6

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

Change 7

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.

Change 8

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.

Recital 22: deleted

Change 9

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.

Change 10

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

Change 11

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

Change 12

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

Added:Chapter II: deleted