Changes from report parliamentary committee draft to plenary report

EXPLANATORY STATEMENT

Proposal 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

More 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.

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ChangedThese 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.smuggling and trafficking in human beings.

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ChangedThe 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 itit, as well as its revised mandate.

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ChangedThis Draft Report’sreport’s key aspects to enhance the effective implementation of the legislative proposal include the following:

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Removed– The report aims to simplify and clarify the structure of the Commission proposal, by deleting the 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.

Added– 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– 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. This Draft Report endorses the Commission proposals to enhance the responsibility of Member States to share data in this respect.

Added- 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– In order to enhance police cooperation in relation to the prevention, detection and investigation of migrant smuggling, Europol has a comprehensive toolbox at its disposal. This Draft Report supports the Commission proposal to codify these tools and structures for legal clarity and to provide general direction, while maintaining the much needed flexibility to adapt to changing circumstances, leaving sufficient scope for Europol’s Management Board to decide upon the details of the functioning of these tools and structures. To reinforce the role of the Europol Executive Director, it is also proposed that these implementing rules shall be based upon the Executive Director’s proposal. The tools and structures include the following:

Added- 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.

RemovedThe European Centre Against Migrant Smuggling, which 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. The Centre shall be composed of representatives from the national specialised services dedicated to preventing and combating migrant smuggling and trafficking in human beings. 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.

Added– 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.

RemovedIn the context of Europol deployments for operational support, Europol shall set up a mandatory 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, in proportion to their capacity and operational needs.

Added- 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.

RemovedMember States should be able to set up operational task forces to reinforce law enforcement cooperation with the support of Europol. Also the Executive Director must have the prerogative to propose operational task forces to the Member States.

Added- 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.

RemovedMember States shall designate specialised services to prevent and combat migrant smuggling and trafficking in human beings. These services shall share all relevant information resulting from criminal investigations as soon as possible with Europol and other Member States. No additional structures need to be established should they already exist.

Added– 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.

RemovedThe Rapporteur supports the Commission’s intention to include the processing of biometric data within the agency’s tasks and proposes to reinforce this. Given the role played in the facilitation and instigation of migrant smuggling and trafficking in human beings by online services, it is also proposed to clarify Europol’s support to countering the online dimension of these criminal activities.