Changes from plenary report to adopted text

RemovedDRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

AddedP10_TA(2025)0280

Changedon the proposal for a regulation of the European Parliament and of the Council on enhancingEnhancing police cooperation in relation to the prevention, detection and investigation of migrant smuggling and trafficking in human beings, and onbeings; enhancing Europol’s support to preventing and combating such crimes and amending Regulation (EU) 2016/794

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

AddedCommittee on Civil Liberties, Justice and Home Affairs

AddedPE768.042

AddedEuropean Parliament legislative resolution of 25 November 2025 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 – C9-0431/2023 – 2023/0438(COD))

▸4 unchanged paragraphs

(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),

Changed– having regard to Articlethe 294(3)opinion of the TreatyCommittee on theLegal FunctioningAffairs ofon the Europeanproposed Union,legal basis,

Added– having regard to Article 294(3) and Article 88(2) 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,

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

Added– having regard to the provisional agreement approved by the committee responsible under Rule 75(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 8 October 2025 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

Added– having regard to Rules 60, 41 and 58 of its Rules of Procedure,

▸4 unchanged paragraphs

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (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

RemovedTitle 1: 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

AddedP10_TC1-COD(2023)0438

RemovedRecital 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.

AddedPosition of the European Parliament adopted at first reading on 25 November 2025 with a view to the adoption of Regulation (EU) 2025/… 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

RemovedRecital 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(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2025/2611.)

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

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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: