Changes from report parliamentary committee draft to plenary report

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

Regulation (EU) 2016/794

Change 13

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

AddedArticle 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;

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

Regulation (EU) 2016/794

Change 14

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

Regulation (EU) 2016/794

Change 15

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

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

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

Regulation (EU) 2016/794

Change 16

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

AddedArticle 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.’

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

Regulation (EU) 2016/794

Change 17

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

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

Regulation (EU) 2016/794

Change 18

RemovedArticle 9 – paragraph 1 – point 4 g (new), Article 74 c (new): (4g) the following Article 74c is inserted: / ‘Article 74c / Transitional arrangements concerning the length of service of the Executive Director, the Deputy Directors and staff / 1. The Executive Director, appointed on the basis of Article 54 of this Regulation, whose term of office comes to an end after...[the entry into force of this amending Regulation], shall have his or her first or second term of office automatically extended to allow for the maximum period of ten years of service. That extension shall not constitute a contract renewal pursuant to Article 8 the Conditions of Employment of other Servants. / 2. Where the Executive Director is unwilling to accept the automatic extension foreseen in paragraph 1, the Executive Director may retain his or her existing term of office. / 3. Paragraphs 1 and 2 of this Article shall apply to the Deputy Executive Directors appointed on the basis of Article 55 of this Regulation, whose term of office comes to an end after...[the entry into force of this amending Regulation]. / 4. The contract of a temporary staff member provided for in the establishment plan who is in active employment on [the date of entry into force of this amending Regulation] shall be extended automatically to the maximum period of ten years provided that: / (a) the temporary staff member was recruited to occupy a post which can be filled only by staff from the competent authorities of the Member States in accordance with Article 53(2) of this Regulation; / (b)…

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

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

AddedRegulation 2016/794

AddedArticle 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;

AddedRegulation 2016/794

AddedArticle 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;

AddedRegulation 2016/794

AddedArticle 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);

AddedRegulation 2016/794

AddedArticle 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’

AddedRegulation 2016/794

AddedArticle 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.

AddedRegulation 2016/794

AddedArticle 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.

AddedRegulation 2016/794

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

AddedRegulation 2016/794

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

AddedRegulation 2016/794

AddedArticle 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.

AddedRegulation 2016/794

AddedArticles 5a and 5b

AddedArticle 9 – paragraph 1 – point 3: deleted

AddedRegulation 2016/794

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

AddedRegulation 2016/794

AddedArticle 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…

AddedRegulation 2013/794

AddedArticle 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 (…

AddedRegulation 2016/794

AddedArticle 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.’

AddedRegulation 2016/794

AddedArticle 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.’