Regulation (EU) 2024/868

Ce que fait l'acte

to bring the rules governing data protection in Council Decision 2009/917/JHA into line with the principles and rules laid down by the Data Protection Law Enforcement Directive (LED). PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: Council Decision 2009/917/JHA on the use of information technology for customs purposes establishes the Customs Information to assist in preventing, investigating and prosecuting serious contraventions of national laws by making information available more rapidly and increase the effectiveness of the customs administrations. In order to ensure a consistent approach to the protection of personal data in the Union, that Decision should be amended to align it with Directive (EU) 2016/680 on data protection in law enforcement. The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Cornelia ERNST (The Left, DE) on the proposal for a regulation of the European Parliament and of the Council amending Council Decision 2009/917/JHA, as regards its alignment with Union rules on the protection of personal data. The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows: The amended text clarifies the role of the European Data Protection Supervisor. It should: - be responsible for monitoring the processing of personal data under this Regulation by the Commission and for ensuring that it is carried out in accordance with this Regulation; - carry out an audit of the processing of personal data by the Commission under this Regulation in accordance with international auditing standards at least every three years. A report on that audit should be sent to the European Parliament, to the Council, to the Commission and to the national supervisory authorities. The European Data Protection Supervisor and the national supervisory authorities, each acting within the scope of their respective competences, should cooperate actively within the framework of their responsibilities to ensure coordinated supervision. To ensure the optimal preservation of the data while reducing the administrative burden for the competent authorities, the procedure governing the retention of personal data in the Customs Information System should be simplified by removing the obligation to review data annually and by setting as a general rule a maximum retention period of three years which can be increased, subject to justification, by an additional period of two years. That retention period is necessary and proportionate in view of the typical length of criminal proceedings and the need for the data for the conduct of joint customs operations and of investigations. The European Parliament adopted by 630 votes to 1, with 6 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Decision 2009/917/JHA, as regards its alignment with Union…