Changes from plenary report to adopted text

RemovedRecital 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.

RemovedRecital 5: deleted

RemovedRecital 6: deleted

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

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

RemovedRecital 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.

RemovedRecital 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.

RemovedRecital 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.

RemovedRecital 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.

RemovedRecital 9: deleted

RemovedRecital 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.

RemovedRecital 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.

RemovedRecital 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).

RemovedRecital 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.

RemovedRecital 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.

RemovedRecital 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.

RemovedRecital 16: deleted

RemovedRecital 17: deleted / (deleted)

RemovedRecital 18: deleted

RemovedRecital 19: deleted

RemovedRecital 19 a (new): (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.

RemovedRecital 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.

RemovedRecital 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.

RemovedRecital 22: deleted

RemovedRecital 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.

RemovedRecital 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, 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

RemovedChapter I: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedChapter II: deleted

RemovedChapter III: deleted

RemovedChapter IV - Title: deleted

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

RemovedRegulation (EU) 2016/794

RemovedArticle 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;

RemovedRegulation (EU) 2016/794

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

RemovedRegulation (EU) 2016/794

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

RemovedRegulation (EU) 2016/794

RemovedArticle 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.’

RemovedRegulation (EU) 2016/794

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

RemovedRegulation (EU) 2016/794

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

RemovedRegulation 2016/794

RemovedArticle 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;

RemovedRegulation 2016/794

RemovedArticle 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;

RemovedRegulation 2016/794

RemovedArticle 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);

RemovedRegulation 2016/794

RemovedArticle 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’

RemovedRegulation 2016/794

RemovedArticle 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.

RemovedRegulation 2016/794

RemovedArticle 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.

RemovedRegulation 2016/794

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

RemovedRegulation 2016/794

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

RemovedRegulation 2016/794

RemovedArticle 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.

RemovedRegulation 2016/794

RemovedArticles 5a and 5b

RemovedArticle 9 – paragraph 1 – point 3: deleted

RemovedRegulation 2016/794

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

RemovedRegulation 2016/794

RemovedArticle 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…

RemovedRegulation 2013/794

RemovedArticle 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 (…

RemovedRegulation 2016/794

RemovedArticle 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.’

RemovedRegulation 2016/794

RemovedArticle 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.’

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

RemovedMore than 90% of people arriving in the EU irregularly rely on smugglers to facilitate part of, or their entire journey. These smugglers are ruthless criminals for whom a human life is merely a business opportunity. A cynical business model that takes advantage of vulnerable people, often putting their lives in danger on perilous journeys and subjecting them to violence and abuse. After facilitating the crossing of the EU external borders, the criminal networks continue their activity by facilitating unauthorised secondary movements within the EU. Smuggling networks adapt quickly to external developments by flexibly allocating resources and using new routes, technologies and modus operandi. Investigations revealed that migrant smugglers often use existing infrastructure of parallel criminal activities such as drug, firearms or human trafficking in combination with abuse of legal instruments and business structures.

RemovedThese 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 and trafficking in human beings.

RemovedThe 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 it, as well as its revised mandate.

RemovedThis report’s key aspects to enhance the effective implementation of the legislative proposal include the following:

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. 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- 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- 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 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- 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- 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– 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.

RemovedBUDGETARY ASSESSMENT BY THE COMMITTEE ON BUDGETS

Removedfor the Committee on Civil Liberties, Justice and Home Affairs

Removedon 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

RemovedRapporteur for budgetary assessment: Hélder Sousa Silva

RemovedThe 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:

RemovedA. 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;

RemovedB. 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;

RemovedC. 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;

RemovedD. 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;

Removed1. 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;

Removed2. 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;

Removed3. 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;

Removed4. Determines that the proposal is compatible with the ceilings of the multiannual financial framework and the system of own resources;

Removed5. 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;

Removed6. 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;

Removed7. 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;

Removed8. 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.

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

RemovedRecital 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.