Amendments to Regulation (EU) 2016/794
Article 1
Open ↗Regulation (EU) 2016/794 is amended as follows: (1) in Article 2, the following points are added: ‘(w) “SIENA” means the Secure Information Exchange Network Application, managed by Europol, which facilitates the exchange of information; (x) “immigration liaison officer” means an immigration liaison officer as defined in Article 2, point (1) of Regulation (EU) 2019/1240 of the European Parliament and of the Council ( *1 ) . ( *1 ) Regulation (EU) 2019/1240 of the European Parliament and of the Council of 20 June 2019 on the creation of a European network of immigration liaison officers ( OJ L 198, 25.7.2019, p. 88 , ELI: http://data.europa.eu/eli/reg/2019/1240/oj ).’;" (2) Article 4 is amended as follows: (a) paragraph 1 is amended as follows: (i) point (c) is replaced by the following: ‘(c) coordinate, organise and implement investigative and operational actions to support and strengthen actions by the competent authorities of the Member States, that are carried out: (i) jointly with the competent authorities of the Member States; (ii) in the context of joint investigation teams in accordance with Article 5 and, where appropriate, in liaison with Eurojust; (iii) in the context of operational task forces; or (iv) in the context of Europol deployments for operational support;’ ; (ii) point (h) is replaced by the following: ‘(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;’ ; (iii) point (l) is replaced by the following: ‘(l) develop Union centres of specialised expertise for combating certain types of crime falling within the scope of Europol’s objectives, including the European Centre Against Migrant Smuggling established pursuant to Article 9a and the European Cybercrime Centre;’ ; (iv) point (s) is replaced by the following: ‘(s) facilitate joint, coordinated and prioritised criminal intelligence exchange activities and investigations, including with regard to persons referred to in point (r);’ ; (v) the following point is inserted: ‘(ya) pay particular attention, when supporting the competent authorities of the Member States in the context of investigations, to migrant smuggling and trafficking in human beings, including when those criminal offences involve activities carried out over the internet;’ ; (vi) the following point is added: ‘(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.’ ; (b) paragraph 2 is replaced by the following: ‘2. Europol shall provide strategic analyses and threat assessments to assist the Council and the Commission in laying down strategic and operational priorities of the Union for fighting crime. Europol shall also assist in the operational implementation of those priorities, in particular by supporting the competent authorities of the Member States in further strengthening the European Multidisciplinary Platform Against Criminal Threats (EMPACT) as a coherent framework to prevent and tackle the threats posed by criminal networks, including by facilitating and providing administrative, logistical, financial and operational support to operational and strategic activities led by Member States, including related exchange of information.’ ; (c) paragraph 5 is replaced by the following: ‘5. Europol shall not apply coercive measures in carrying out its tasks. 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 and other forms of data processing, by providing analytical, operational, technical and forensic support, and by being present during the execution of those measures. Europol staff shall not, themselves, have the power to execute investigative measures.’ ; (3) Article 7 is amended as follows: (a) in paragraph 6, point (a) is replaced by the following: ‘(a) supply Europol with the information necessary for it to fulfil its objectives, including information relating to forms of crime the prevention or combating of which is considered a priority by the Union, such as migrant smuggling and trafficking in human beings;’ ; (b) the following paragraphs are inserted: ‘6a. Each Member State setting up, participating in, or supporting an operational task force shall, without delay, provide all relevant information to Europol and the other Member States setting up, participating in, or supporting that operational task force, using SIENA and, where appropriate, make information directly accessible in accordance with Article 20(2a), including information related to parallel financial investigations to identify and seize criminal assets. 6b. Each Member State setting up or participating in an EMPACT operational action supported by Europol shall, whenever feasible, use SIENA to provide all relevant information without delay to Europol and to other Member States. 6c. Each Member State in whose territory a Europol deployment for operational support takes place shall, without delay, provide all relevant information to Europol, using SIENA and, where possible and in accordance with its national law, by making information in national databases accessible to Europol staff and seconded national experts deployed in its territory.’ ; (c) in paragraph 7, first subparagraph, the introductory part is replaced by the following: ‘Without prejudice to the discharge by Member States of their responsibilities with regard to the maintenance of law and order and the safeguarding of internal security, Member States shall not in any particular case be obliged to supply information in accordance with paragraph 6, point (a), paragraph 6a, paragraph 6b, or paragraph 6c that would:’ ; (d) the following paragraphs are inserted: ‘7a. Each Member State shall connect its immigration liaison officers, designated by the competent authorities of the Member States, to SIENA in order to submit relevant information to Europol directly or through national competent authorities in accordance with paragraph 5 and paragraph 6, point (a). Where it is not possible to connect an immigration liaison officer to SIENA due to legal, organisational or technical reasons, that immigration liaison officer shall submit the relevant information to a national competent authority through other secure channels. That competent authority shall provide the information to Europol, in accordance with paragraph 5 and paragraph 6, point (a). 7b. Immigration liaison officers not designated by competent authorities of the Member States shall submit the relevant information to such a national competent authority, using secure channels. After assessing the information in accordance with paragraph 5 and paragraph 6, point (a), that competent authority shall provide it to Europol.’ ; (4) the following Article is inserted: ‘Article 9a 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 support Member States in the prevention and combating of migrant smuggling and trafficking in human beings. 3. The European Centre Against Migrant Smuggling shall include Europol staff and representatives of Eurojust and the European Border and Coast Guard Agency, in accordance with their respective mandates. Europol may invite other participants to be involved in carrying out the tasks of the European Centre Against Migrant Smuggling. 4. Upon a proposal from the Executive Director, the Management Board shall adopt implementing rules on how the European Centre Against Migrant Smuggling operates, including on its tasks and composition. Union bodies or agencies involved shall participate in accordance with their respective mandates.’ ; (5) in Article 18(2), point (d) is replaced by the following: ‘(d) facilitating, including through SIENA, the exchange of information between Member States, Europol, other Union bodies, third countries, international organisations and private parties;’ ; (6) Annex I is amended as follows: (a) the sixth indent (‘immigrant smuggling’) is replaced by the following: ‘— migrant smuggling;’ ; (b) the following indent is added: ‘— violation of Union restrictive measures.’.