Changes from report parliamentary committee draft to plenary report

RemovedArticle 3: deleted / (deleted) / (deleted)

AddedChapter III: deleted

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

AddedChapter IV - Title: deleted

RemovedArticle 4: deleted

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

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

RemovedArticle 5: deleted

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

RemovedArticle 6: deleted

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

RemovedArticle 7: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

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

RemovedArticle 8: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

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

RemovedRegulation (EU) 2016/794

RemovedArticle 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;

RemovedRegulation (EU) 2016/794

RemovedArticle 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."

RemovedRegulation (EU) 2016/794

RemovedArticle 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;

RemovedConsequence of deleting the self-standing Regulation and the addition of Article 16a

RemovedRegulation (EU) 2016/794

RemovedArticle 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;"

RemovedRegulation (EU) 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 advanced tools, with the effective and efficient processing of biometric data, including dactyloscopic data, facial images and DNA profiles;

RemovedRegulation (EU) 2016/794

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

RemovedDeletion 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).

RemovedRegulation (EU) 2016/794

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

RemovedDeletion 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).

RemovedRegulation (EU) 2016/794

RemovedArticle 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.

RemovedRegulation (EU) 2016/794

RemovedArticle 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)

RemovedDeletion 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).

RemovedRegulation (EU) 2016/794

RemovedArticle 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.

RemovedRegulation (EU) 2016/794

RemovedArticle 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.

RemovedRegulation (EU) 2016/794

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

RemovedDeletion 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).

RemovedRegulation (EU) 2016/794

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

RemovedDeletion 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).

RemovedRegulation (EU) 2016/794

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

RemovedDeletion 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).

RemovedRegulation (EU) 2016/794

RemovedArticle 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.

RemovedRegulation (EU) 2016/794

RemovedArticle 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.

RemovedRegulation (EU) 2016/794

RemovedArticle 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."

RemovedRegulation (EU) 2016/794

RemovedArticle 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…

RemovedProposes 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).

RemovedRegulation (EU) 2016/794