REPORT 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 – A10-0109/2025

Text proposed by the Commission

Amendment

Proposal for a

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

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

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

Text proposed by the Commission

Amendment

(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. 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.

(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.

Text proposed by the Commission

Amendment

(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 increases in irregular arrivals in the Union and in unauthorised movements within the Union, the rapid adaptability of criminal organised groups, 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”.

(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”.

Text proposed by the Commission

Amendment

(4) The European Centre Against Migrant Smuggling should provide strategic, 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 in migrant smuggling and trafficking in human beings. To that end it should provide annual reports, 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. In the context of fulfilling its strategic and operational tasks, the European Centre Against Migrant Smuggling should cooperate with the European External Action Service and Common Security and Defense Policy missions and operations, where appropriate and relevant, in line with their respective mandates and competences, as well as in accordance with Europol’s mandate.

(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.

Text proposed by the Commission

Amendment

(5) In order to strengthen inter-agency cooperation on migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should provide a means to enhance cooperation and coordination between Europol and other Union agencies, notably with Eurojust and the European Border and Coast Guard Agency, in line with their respective legal frameworks, including through working arrangements between the Union agencies.

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Text proposed by the Commission

Amendment

(6) In order to support its strategic analysis in the prevention and combating of migrant smuggling and trafficking in human beings, the European Centre Against Migrant Smuggling should, for strategic tasks, be supported by a cooperation framework composed of Europol staff and involve representatives of the Commission, Member States’ specialised services, the European Union Agency for Criminal Justice Cooperation (Eurojust) and the European Border and Coast Guard Agency. The European Centre Against Migrant Smuggling should hold a meeting of the entities represented in the centre at least twice a year to ensure effective steer and coordination at Union level. To enable that centre to fulfil its tasks, other relevant internal structures of Europol should provide it with all necessary support. In order to maximise the effectiveness of the European Centre Against Migrant Smuggling, Europol should be able to invite, in particular, the main actors of the European Multidisciplinary Platform Against Criminal Threats (‘EMPACT’) as well as other relevant Union bodies or agencies when needed.

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Text proposed by the Commission

Amendment

(7) As part of the operational and technical support to Member States, the European Centre Against Migrant Smuggling should ensure coordination of investigative and operational actions of the Member States, including through supporting Member States’ cross-border information exchange, operations and investigations, in particular in the framework of EMPACT, including by providing operational, technical, forensic and financial support. Furthermore, Europol should provide support to Member States in identifying cases of migrant smuggling and trafficking in human beings where investigations would need to be initiated, where needed in liaison with Eurojust, in cases that require setting up of operational task forces or Europol deployments for operational support, and cases that may require cooperation with third countries, including by exchanging personal data.

(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.

Text proposed by the Commission

Amendment

(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.

Text proposed by the Commission

Amendment

(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.

Text proposed by the Commission

Amendment

(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.

Text proposed by the Commission

Amendment

(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.

Text proposed by the Commission

Amendment

(8) 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. In particular, cases of migrant smuggling identified by the European Centre Against Migrant Smuggling that require cooperation with third countries could require transfers of personal data in individual cases for the purpose of prevention, investigation, detection or prosecution of criminal offences, or execution of criminal sanctions.

(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.

Text proposed by the Commission

Amendment

(9) 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, for operational tasks, involve liaison officers from the Member States, 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. Other relevant internal structures of Europol should also provide all necessary support. Liaison officers from Eurojust and the European Border and Coast Guard Agency liaison officers should be posted as permanent representatives to Europol for this purpose. Europol should be able to involve other relevant Union bodies or agencies to draw on the expertise falling within their competencies where relevant.

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Text proposed by the Commission

Amendment

(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. With a view to strengthening Member States’ capacities, Member States should designate specialised services for countering migrant smuggling, ensuring that they are adequately resourced to prevent and combat migrant smuggling and can share information on criminal investigations with Europol efficiently and effectively. In order to harmonise the sharing of information between the Member States and Europol on migrant smuggling, Member States should ensure that their designated services for countering migrant smuggling are directly connected to SIENA to facilitate the sharing of information. 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. Member States’ immigration liaison officers posted in third countries should also share information with Europol; for this purpose, they should also be connected to SIENA in order to ensure that they can carry out the sharing of information referred to in paragraph 1 in an efficient and effective manner.

(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.

Text proposed by the Commission

Amendment

(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 such as dedicated data loaders. Conversely, and so as to access and make the best use of all information and intelligence available at Union level on the corresponding cases, and in full respect of the appropriate data protection safeguards, Member States and Union agencies should systematically consult Europol information in the course of ongoing investigations related to migrant smuggling, including by using the hit/no hit tools provided by Europol such as the Querying Europol Systems (QUEST+) technical system interface.

(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.

Text proposed by the Commission

Amendment

(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.

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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).

Text proposed by the Commission

Amendment

(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.

Text proposed by the Commission

Amendment

(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.

Text proposed by the Commission

Amendment

(15) To prevent, detect and investigate cross-border serious organised crime and terrorism, coordination and concerted action is necessary. In addition to the possibility of the Member State to set up a joint investigation team in accordance with Council Framework Decision of 13 June 2002, Member States should be able to set up an operational task force to reinforce law enforcement cooperation with the support of Europol. This coordination mechanism among Member States’ police authorities and other law enforcement services should, with the support of Europol, enable them to conduct joint, coordinated and prioritised criminal intelligence activities and investigations notably on criminal networks and groups as well as individual criminal actors, including persons whose criminal activities fall within the forms of crime for which Europol is competent and who constitute a high risk for security. In order to ensure the well-functioning and the effectiveness of that mechanism, Member States setting up, participating in, or supporting an operational task force should be able to ensure a minimum set of requirements concerning their active and timely involvement, such as providing all relevant information to Europol, and Europol should be able to make available its advanced analytical, operational, technical, forensic and financial support to those Member States. Third countries should be able to participate in or support an operational task force.

(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.

Text proposed by the Commission

Amendment

(16) Where the criminal intelligence activities carried out in an operational task force result in the opening of criminal investigations in one or more Member States that may benefit from setting up a joint investigation team, or where the criminal investigations supported by an operational task force may benefit from setting up a joint investigation team, Europol should propose the setting up of a joint investigation team to the Member States concerned and take measures to assist them in accordance with Article 5 of Regulation (EU) 2016/794. In such cases, Europol should closely liaise with Eurojust, where appropriate.

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Text proposed by the Commission

Amendment

(17) Europol should be able to deploy staff including seconded national experts in accordance with Regulation (EU) 2016/794 in the territory of a Member State upon request of that Member State, to provide analytical, operational, technical and forensic support in liaison and in agreement with the competent authorities of that Member State. These deployments should notably take place in the context of complex, large-scale and high-profile investigations, including in the context of joint investigation teams, in liaison with Eurojust where appropriate, or operational task forces. These deployments should also support further security checks against Europol or national databases in order to facilitate rapid information exchange to strengthen controls at the Union’s external borders (secondary security checks), or migration management support teams in accordance with Regulation (EU) 2019/1896 of the European Parliament and of the Council2 . Europol should also make use of these deployments to support Member States in relation to major international events. Europol should also be able to deploy staff and seconded national experts in third countries with which it cooperates on the basis of an adequacy decision, an international agreement concluded between the Union and that third country pursuant to Article 218 TFEU, or a cooperation agreement between Europol and that third country concluded before 1 May 2017.

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2 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/1896/oj).

Text proposed by the Commission

Amendment

(18) In order to ensure that Europol can provide effective support by way of deployment, the host Member State should be able to ensure a minimum set of requirements such as providing all relevant information to Europol. Europol should be able to deploy staff and seconded national experts rapidly, even in exceptional cases of urgency. The deployed Europol staff and seconded national experts should be able to carry out investigative non-coercive measures that relate to data processing in liaison and in agreement with the competent authorities of the Member State concerned, and in accordance with Regulation (EU) 2016/794 and that Member State’s national law.

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Text proposed by the Commission

Amendment

(19) Furthermore, in the context of Europol deployments for operational support, Europol should set up a 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. The experts’ reserve pool should include specialists in criminal analysis, forensics, investigation, languages and coordination. The Member States should ensure that their experts are available to take part, as seconded national experts, in Europol deployments for operational support, at the request of Europol. That obligation should not apply to third countries where Europol deploys staff and seconded national experts for operational support.

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Text proposed by the Commission

Amendment

(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.

Text proposed by the Commission

Amendment

(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. 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.

(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.

Text proposed by the Commission

Amendment

(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.] OR

(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.

Text proposed by the Commission

Amendment

(22) [In accordance with Articles 1 and 2 of 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 to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.]

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Text proposed by the Commission

Amendment

(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.

Text proposed by the Commission

Amendment

(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 […]4 .

(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.

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3 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj).

3 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj).

4 OJ C …

4 European Data Protection Supervisor Opinion 4/2024, https://www.edps.europa.eu/system/files/2024-01/2023-1247_d0187_opinion_en.pdf

Text proposed by the Commission

Amendment

I GENERAL PROVISIONS

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1 Subject matter and scope

This Regulation lays down rules to enhance police cooperation and the support of the European Union Agency for Law Enforcement Cooperation (Europol) in preventing and combating migrant smuggling and trafficking in human beings, by:

(a) establishing a European Centre Against Migrant Smuggling within Europol and a governance framework to regulate and support its activities;

(b) enhancing cooperation and coordination between the Member States, Europol and other Union agencies;

(c) reinforcing the exchange of information between the Member States and with Europol;

(d) providing Europol with the necessary tools to support and strengthen actions by the competent authorities of the Member States and their mutual cooperation in preventing and combating criminal offences falling within Europol’s objectives;

(e) enhancing cooperation between Europol and third countries.

2 Definitions

For the purposes of this Regulation, the following definitions apply:

(1) ‘migrant smuggling’ means any of the activities referred to in Articles 3, 4 and 5 of Directive [XXX] [ laying down minimum rules to prevent and counter the facilitation of unauthorised entry, transit and stay in the Union, and replacing Council Directive 2002/90/EC and Council Framework Decision 2002/946 JHA]5 ;

(2) ‘trafficking in human beings’ means any of the activities referred to in Articles 2 and 3 of Directive 2011/36/EU of the European Parliament and of the Council6 ;

(3) ‘competent authorities’ means the competent authorities of the Member States defined in Article 2, point (a), of Regulation (EU) 2016/794;

(4) ‘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.

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5 [please add the title and the publication reference]

6 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1, ELI: http://data.europa.eu/eli/dir/2011/36/oj).

Text proposed by the Commission

Amendment

[…]

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Text proposed by the Commission

Amendment

[…]

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Text proposed by the Commission

Amendment

Chapter IV

ENHANCING EUROPOL’S SUPPORT TO COMBATING MIGRANT SMUGGLING AND TRAFFICKING IN HUMAN BEINGS

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Text proposed by the Commission

Amendment

(1) in Article 2, the following points (w), (x) and (y) are added:

(1) in Article 2, the following points (w) and (ya) are added:

Text proposed by the Commission

Amendment

(w) ‘SIENA’ means the secure information exchange network application, managed by Europol, aimed at facilitating the exchange of information;

(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;

Text proposed by the Commission

Amendment

(x) ‘operational task force’ means a coordination mechanism set up by Member States among their competent authorities with the support of Europol to conduct joint, coordinated and prioritised criminal intelligence activities and investigations into a crime falling within the scope of Europol’s objectives that requires coordinated and concerted action;

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Text proposed by the Commission

Amendment

(y) ‘Europol deployment for operational support’ means the deployment of Europol staff or seconded national experts in the territory of a Member State, upon request of that Member State, to provide analytical, operational, technical and forensic support in liaison and in agreement with the competent authorities of that Member State.;

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Text proposed by the Commission

Amendment

(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.’

Text proposed by the Commission

Amendment

(iii) in the context of operational task forces in accordance with Article 5a;

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Text proposed by the Commission

Amendment

(iv) in the context of Europol deployments for operational support in accordance with Article 5b;;

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Text proposed by the Commission

Amendment

(h) support Member States’ cross-border information exchange activities, operations and investigations, as well as joint investigation teams and operational task forces, including by providing analytical, operational, technical, forensic and financial support;;

(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;

Text proposed by the Commission

Amendment

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 Regulation (EU) …/… of the European Parliament and of the Council* [Regulation on Combating Migrant Smuggling], the European Centre Against Migrant Smuggling;

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;

Text proposed by the Commission

Amendment

(s) facilitate joint, coordinated and prioritised criminal intelligence activities and investigations, including with regard to persons referred to in point (r), and including through operational task forces and Europol deployments for operational support;;

(s) facilitate joint, coordinated and prioritised criminal intelligence activities and investigations, including with regard to persons referred to in point (r);

Text proposed by the Commission

Amendment

(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’

Text proposed by the Commission

Amendment

(za) support Member States with the effective and efficient processing of biometric data.;

(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.

Text proposed by the Commission

Amendment

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, including in the context of the implementation of operational task forces and Europol deployment for operational support, 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.

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.

Text proposed by the Commission

Amendment

Europol staff shall have the power to execute non-coercive investigative measures themselves provided that Europol has been requested to do so by a Member State in accordance with its national law and the Executive Director has authorised Europol staff to execute the requested non-coercive investigative measures.

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Text proposed by the Commission

Amendment

Europol staff shall carry out such non-coercive investigative measures in liaison and in agreement with the competent authorities of the Member State concerned, and in accordance with this Regulation and the national law of that Member State.;

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Text proposed by the Commission

Amendment

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.

Text proposed by the Commission

Amendment

(3) […]

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Text proposed by the Commission

Amendment

(3a) the following Section is inserted:

‘Section 2a

European Centre Against Migrant Smuggling’

Text proposed by the Commission

Amendment

(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 following entities:

(a) a representative appointed by each Member State, where applicable, from a dedicated structure or mechanism within the competent authorities, responsible for the prevention and combating of migrant smuggling and trafficking in human beings, as referred to in Article 16b;

(b) a permanent representative of Eurojust;

(c) a permanent representative of the European Border and Coast Guard Agency.

Europol may invite other participants to be involved in carrying out activities of the European Centre Against Migrant Smuggling.

5. Upon a proposal from the Executive Director and after consulting the entities listed in paragraph 4, points (a), (b), and (c), the Management Board shall adopt implementing rules on how the European Centre Against Migrant Smuggling operates. Those implementing rules shall cover its tasks and its composition. Union bodies or agencies involved shall participate in accordance with their own legal frameworks.’

Text proposed by the Commission

Amendment

(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 (EU).’

Text proposed by the Commission

Amendment

(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.’

Text proposed by the Commission

Amendment

(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.’

Text proposed by the Commission

Amendment

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.