# Official Journal C 217/2023

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 217 |
| | |
| English edition | Information and Notices | Volume 6620 June 2023 |

ISSN 1977-091X

Official Journal

of the European Union

C 217

English edition

Information and Notices

Volume 6620 June 2023

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| Contents | page |
| --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RESOLUTIONS |
| | Council |
| 2023/C 217/01 | Council Resolution on customs cooperation in the area of law enforcement and its contribution to the internal security of the EU | 1 |

Contents

page

I   Resolutions, recommendations and opinions

RESOLUTIONS

Council

2023/C 217/01

Council Resolution on customs cooperation in the area of law enforcement and its contribution to the internal security of the EU

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2023/C 217/02 | Strategy for customs cooperation in the area of law enforcement and its contribution to the internal security of the EU | 4 |
| 2023/C 217/03 | Notice for the attention of certain entities subject to the restrictive measures provided for in Council Decision 2014/512/CFSP and Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine | 8 |
| 2023/C 217/04 | Notice for the attention of certain persons and entities subject to the restrictive measures provided for in Council Decision 2014/145/CFSP and Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine | 9 |
| | European Commission |
| 2023/C 217/05 | Euro exchange rates – 19 June 2023 | 11 |
| | Court of Auditors |
| 2023/C 217/06 | Special report 15/2023: The EU’s industrial policy on batteries — New strategic impetus needed | 12 |
| | European Data Protection Supervisor |
| 2023/C 217/07 | Summary of the Opinion of the European Data Protection Supervisor on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and Peruvian law enforcement authorities
  (The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu) | 13 |
| 2023/C 217/08 | Summary of the Opinion of the European Data Protection Supervisor on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and Mexican law enforcement authorities
  (The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu) | 17 |
| 2023/C 217/09 | Summary of the Opinion of the European Data Protection Supervisor on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and Bolivian law enforcement authorities
  (The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu) | 21 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2023/C 217/02

Strategy for customs cooperation in the area of law enforcement and its contribution to the internal security of the EU

4

2023/C 217/03

Notice for the attention of certain entities subject to the restrictive measures provided for in Council Decision 2014/512/CFSP and Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine

8

2023/C 217/04

Notice for the attention of certain persons and entities subject to the restrictive measures provided for in Council Decision 2014/145/CFSP and Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

9

European Commission

2023/C 217/05

Euro exchange rates – 19 June 2023

11

Court of Auditors

2023/C 217/06

Special report 15/2023: The EU’s industrial policy on batteries — New strategic impetus needed

12

European Data Protection Supervisor

2023/C 217/07

Summary of the Opinion of the European Data Protection Supervisor on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and Peruvian law enforcement authorities
  (The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu)

(The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu)

13

2023/C 217/08

Summary of the Opinion of the European Data Protection Supervisor on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and Mexican law enforcement authorities
  (The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu)

(The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu)

17

2023/C 217/09

Summary of the Opinion of the European Data Protection Supervisor on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and Bolivian law enforcement authorities
  (The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu)

(The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu)

21

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| EN | |
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EN

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I Resolutions, recommendations and opinions

RESOLUTIONS

Council

| 20.6.2023 | EN | Official Journal of the European Union | C 217/1 |
| --- | --- | --- | --- |

20.6.2023

EN

Official Journal of the European Union

C 217/1

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Council Resolution on customs cooperation in the area of law enforcement and its contribution to the internal security of the EU

(2023/C 217/01)

RECALLING:

| 1. | that Article 67(3) and Article 87 of the Treaty on the Functioning of the European Union provide for closer measures for coordination and cooperation between Member States’ competent authorities, including customs and other specialised law enforcement services in relation to the prevention, detection and investigation of criminal offences, in order to safeguard the area of freedom, security and justice. |
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1.

RECOGNISING:

| 1. | that the Member States’ customs authorities are the leading authority for the monitoring and control of goods at the EU’s external borders; |
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1.

that the Member States’ customs authorities are the leading authority for the monitoring and control of goods at the EU’s external borders;

| 2. | that, within and to the extent of their national competences, customs and other competent authorities of Member States make a vital contribution to the internal security of the EU through the prevention, detection and investigation of activities involving irregular or illegal cross-border movement of goods and money laundering, as well as to the protection of the financial and non-financial, interests of the EU and the health, safety and security of its citizens; |
| --- | --- |

2.

that, within and to the extent of their national competences, customs and other competent authorities of Member States make a vital contribution to the internal security of the EU through the prevention, detection and investigation of activities involving irregular or illegal cross-border movement of goods and money laundering, as well as to the protection of the financial and non-financial, interests of the EU and the health, safety and security of its citizens;

| 3. | that transnational organised crime and terrorist groups not only exploit opportunities resulting from the free movement of goods and people within the EU, but also take advantage of and abuse differences in the legal and organisational systems of the Member States; |
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3.

that transnational organised crime and terrorist groups not only exploit opportunities resulting from the free movement of goods and people within the EU, but also take advantage of and abuse differences in the legal and organisational systems of the Member States;

| 4. | that criminals and criminal groups operate across borders and in the digital environment; |
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4.

that criminals and criminal groups operate across borders and in the digital environment;

| 5. | that, as a consequence of Russia’s war of aggression against Ukraine, threats to the internal security of the EU have increased and new threats are emerging, creating opportunities for criminals; |
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5.

that, as a consequence of Russia’s war of aggression against Ukraine, threats to the internal security of the EU have increased and new threats are emerging, creating opportunities for criminals;

| 6. | that, as a consequence of growing e-commerce, the trafficking of goods in the postal and courier services is increasing; |
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6.

that, as a consequence of growing e-commerce, the trafficking of goods in the postal and courier services is increasing;

| 7. | that a better coordination and interlinkage of actions to fight cross-border crime within the EU, in combination with a preventive, multidisciplinary and multi-agency approach and the effective exchange of information, are imperative; |
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7.

that a better coordination and interlinkage of actions to fight cross-border crime within the EU, in combination with a preventive, multidisciplinary and multi-agency approach and the effective exchange of information, are imperative;

| 8. | that within the framework of the free movement of goods, persons and capital, and bearing in mind the need to ensure an area of freedom, security and justice, including by fighting cross-border crime, there is a critical need to continuously assess, enhance and increase the effectiveness of cooperation among customs authorities, between customs and other law enforcement authorities, and also between customs and relevant public and private actors, without prejudice to the division of competences and applicable legal framework both at EU and national levels; |
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8.

that within the framework of the free movement of goods, persons and capital, and bearing in mind the need to ensure an area of freedom, security and justice, including by fighting cross-border crime, there is a critical need to continuously assess, enhance and increase the effectiveness of cooperation among customs authorities, between customs and other law enforcement authorities, and also between customs and relevant public and private actors, without prejudice to the division of competences and applicable legal framework both at EU and national levels;

| 9. | that to further strengthen the capacity of customs authorities to prevent, detect, and investigate or contribute to the investigation of crime, training and customs law enforcement cooperation must be improved; |
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9.

that to further strengthen the capacity of customs authorities to prevent, detect, and investigate or contribute to the investigation of crime, training and customs law enforcement cooperation must be improved;

| 10. | that all actions initiated in accordance with Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters provide for fruitful cooperation between customs authorities that can be very useful for the purpose of cooperation in customs law enforcement in fighting cross-border crime; |
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10.

that all actions initiated in accordance with Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters provide for fruitful cooperation between customs authorities that can be very useful for the purpose of cooperation in customs law enforcement in fighting cross-border crime;

| 11. | that Member States’ customs authorities have competence in supervising including risk management and carrying out controls on the movement of goods that cross the external borders of the EU, and that they fulfil this role alongside other national authorities and agencies that monitor and carry out checks on the movement of persons, thereby contributing to integrated border management; |
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11.

that Member States’ customs authorities have competence in supervising including risk management and carrying out controls on the movement of goods that cross the external borders of the EU, and that they fulfil this role alongside other national authorities and agencies that monitor and carry out checks on the movement of persons, thereby contributing to integrated border management;

| 12. | that the equal and complementary involvement of customs in all discussions and decisions related to cross-border traffic should be ensured; |
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12.

that the equal and complementary involvement of customs in all discussions and decisions related to cross-border traffic should be ensured;

| 13. | that the effective protection of the EU’s economy and the security of its citizens requires strengthened cooperation and partnership with the competent authorities of third countries, in particular countries neighbouring the EU; |
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13.

that the effective protection of the EU’s economy and the security of its citizens requires strengthened cooperation and partnership with the competent authorities of third countries, in particular countries neighbouring the EU;

| 14. | that the prosperity of the EU is dependent on various factors, including effective cooperation in the area of customs law enforcement. |
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14.

that the prosperity of the EU is dependent on various factors, including effective cooperation in the area of customs law enforcement.

NOTES WITH SATISFACTION:

the successes achieved so far in the context of customs law enforcement cooperation based on Council resolution of 13 December 2011 on the future of customs law enforcement cooperation, with the support of the Commission and EU agencies, including:

| a) | the results achieved in the implementation of the strategies for future customs law enforcement co-operation and the consecutive action plans of the Law Enforcement Working Party (Customs); |
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a)

the results achieved in the implementation of the strategies for future customs law enforcement co-operation and the consecutive action plans of the Law Enforcement Working Party (Customs);

| b) | the cooperation based on the Convention on mutual assistance and cooperation between customs administrations (Naples II Convention); |
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b)

the cooperation based on the Convention on mutual assistance and cooperation between customs administrations (Naples II Convention);

| c) | the results of the numerous joint operations organised and carried out by customs authorities, as well as by customs authorities together with other law enforcement authorities, EU institutions, bodies, agencies and international organisations; |
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c)

the results of the numerous joint operations organised and carried out by customs authorities, as well as by customs authorities together with other law enforcement authorities, EU institutions, bodies, agencies and international organisations;

| d) | the active cooperation of customs authorities with the European Anti-Fraud Office (OLAF), the European Union Agency for Law Enforcement Cooperation (Europol), the European Union Agency for Law Enforcement Training (CEPOL), the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), the European Public Prosecutor’s Office (EPPO), the European Border and Coast Guard Agency (Frontex), and the European Union Intellectual Property Office (EUIPO); |
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d)

the active cooperation of customs authorities with the European Anti-Fraud Office (OLAF), the European Union Agency for Law Enforcement Cooperation (Europol), the European Union Agency for Law Enforcement Training (CEPOL), the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), the European Public Prosecutor’s Office (EPPO), the European Border and Coast Guard Agency (Frontex), and the European Union Intellectual Property Office (EUIPO);

| e) | the cooperation between customs authorities within the framework of Customs Eastern and South-Eastern Land Border Expert Team, CELBET; |
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e)

the cooperation between customs authorities within the framework of Customs Eastern and South-Eastern Land Border Expert Team, CELBET;

| f) | the active and continuously improving participation of customs authorities in the European multidisciplinary platform against criminal threats (EMPACT); |
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f)

the active and continuously improving participation of customs authorities in the European multidisciplinary platform against criminal threats (EMPACT);

| g) | the results of increased information exchange and case management through the Anti-Fraud Information System (AFIS) and the Secure Information Exchange Network Application (SIENA). |
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g)

the results of increased information exchange and case management through the Anti-Fraud Information System (AFIS) and the Secure Information Exchange Network Application (SIENA).

HEREBY RESOLVES:

| 1. | to define a strategy on customs cooperation in the area of law enforcement and its contribution to the internal security of the EU. The strategy should provide a framework for customs law enforcement cooperation and its cooperation with other authorities, bodies and agencies in the area of Justice and Home Affairs, with a view to enhancing intelligence-led activities to fight cross-border crime and to strengthen the role of customs as the leading authority for monitoring and controlling the movement of goods within the area of freedom, security and justice; |
| --- | --- |

1.

to define a strategy on customs cooperation in the area of law enforcement and its contribution to the internal security of the EU. The strategy should provide a framework for customs law enforcement cooperation and its cooperation with other authorities, bodies and agencies in the area of Justice and Home Affairs, with a view to enhancing intelligence-led activities to fight cross-border crime and to strengthen the role of customs as the leading authority for monitoring and controlling the movement of goods within the area of freedom, security and justice;

| 2. | The strategy should contribute to the achievement of the following objectives:






  a) | strengthening the capacity of customs authorities to prevent, detect and investigate, or contribute to the investigation of cross-border crime, and to deal with security-related incidents, threats, risks and crises; |
| --- | --- | --- |

2.

The strategy should contribute to the achievement of the following objectives:

a)

strengthening the capacity of customs authorities to prevent, detect and investigate, or contribute to the investigation of cross-border crime, and to deal with security-related incidents, threats, risks and crises;

| b) | improving, facilitating and increasing the effectiveness of the cooperation and exchange of information between customs authorities and between these authorities and other law enforcement authorities, relevant EU institutions, bodies and agencies and, where appropriate, with third countries and international organisations; |
| --- | --- |

b)

improving, facilitating and increasing the effectiveness of the cooperation and exchange of information between customs authorities and between these authorities and other law enforcement authorities, relevant EU institutions, bodies and agencies and, where appropriate, with third countries and international organisations;

| c) | enhancing cross-border cooperation, including joint operations, between customs authorities and between these authorities and other law enforcement authorities and relevant EU institutions, bodies and agencies or competent authorities in third countries, in order to prevent, detect and investigate, or contribute to the investigation of cross-border crime; |
| --- | --- |

c)

enhancing cross-border cooperation, including joint operations, between customs authorities and between these authorities and other law enforcement authorities and relevant EU institutions, bodies and agencies or competent authorities in third countries, in order to prevent, detect and investigate, or contribute to the investigation of cross-border crime;

| d) | enhancing intelligence and risk analysis using data from other law enforcement agencies and promoting interoperability between relevant customs and JHA information systems, where appropriate. |
| --- | --- |

d)

enhancing intelligence and risk analysis using data from other law enforcement agencies and promoting interoperability between relevant customs and JHA information systems, where appropriate.

INVITES:

| 1. | Member States’ customs authorities and other competent authorities of the Member States responsible for the implementation of customs legislation to take the necessary measures to successfully implement the strategy. Furthermore, they will contribute to the monitoring and evaluation of the strategy through the Law Enforcement Working Party (Customs); |
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1.

Member States’ customs authorities and other competent authorities of the Member States responsible for the implementation of customs legislation to take the necessary measures to successfully implement the strategy. Furthermore, they will contribute to the monitoring and evaluation of the strategy through the Law Enforcement Working Party (Customs);

| 2. | the Commission and the competent EU bodies and agencies to actively contribute to the implementation of this strategy, and to continue, to the greatest possible extent, to provide operational, financial, technical and logistical support for the implementation of this strategy, as appropriate. |
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2.

the Commission and the competent EU bodies and agencies to actively contribute to the implementation of this strategy, and to continue, to the greatest possible extent, to provide operational, financial, technical and logistical support for the implementation of this strategy, as appropriate.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 20.6.2023 | EN | Official Journal of the European Union | C 217/4 |
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20.6.2023

EN

Official Journal of the European Union

C 217/4

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Strategy for customs cooperation in the area of law enforcement and its contribution to the internal security of the EU

(2023/C 217/02)

Introduction

This Strategy builds on the successes of previous strategies. It retains the positive aspects identified during their implementation and seeks a further improvement of the overall approach.

Customs is the leading authority for monitoring and controlling the movement of goods at the external border of the EU. Based on the competences and powers entrusted to them in national law, customs authorities contribute to the internal security of the EU by preventing, detecting, investigating or contributing to the investigation of crime. Customs activities in detecting and addressing risks before goods arrive in, or depart from the EU, and checking goods upon entry and exit from the EU are crucial in the fight against cross-border crime.

Customs law enforcement cooperation and its contribution to the internal security of the EU has evolved over the years. Today customs authorities are key partners in this context. Cooperation with the European Union Agency for Law Enforcement Cooperation (Europol), the European Border and Coast Guard Agency (Frontex), the European Union Agency for Law Enforcement Training (CEPOL), the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) and the European Union Office Intellectual Property Office (EUIPO) has intensified. Cooperation between customs authorities and the European Public Prosecutor’s Office (EPPO) is developing. Cooperation with, and support of the European Anti-Fraud Office (OLAF) is well established. To better support the Member States in the fight against financial and economic crimes, including customs-related crimes, Europol established the European Financial and Economic Crime Centre (EFECC) in 2020. Customs authorities are continuously becoming more involved in the European Multidisciplinary Platform Against Criminal Threats (EMPACT), and work has been carried out to further increase synergies and avoid duplication of work or uncoordinated and parallel initiatives. The added value of customs participation in EMPACT can be clearly observed in the results of EMPACT’s operational activities (1). In addition, the outcomes of the Law Enforcement Working Party - Customs (LEWP-C) action plans provide useful contributions and insights to safeguard the internal security of the EU. Cooperation with Frontex is developing through, for instance, joint control operations and EMPACT Joint Action Days.

Recent major events such as Russia’s unprovoked and unjustified war of aggression against Ukraine, the COVID-19 pandemic and the United Kingdom’s withdrawal from the European Union (Brexit) have had a clear impact on the global flow of goods, and the resulting risks have increased. The new customs advance cargo information system should strengthen the capacity of customs in risk management. It will also bring new opportunities for improved cooperation between customs and other law enforcement authorities. In this regard the possible interoperability between the relevant customs and Justice and Home Affairs (JHA) information systems should be considered.

Law enforcement cooperation in a rapidly-changing world

Organised crime continues to diversify and has acquired a multi-faceted identity covering several types of criminal activities.

Criminal groups react flexibly to any global and regional changes, are highly skilled and know how to use modern technologies to their advantage. It is essential to ensure the adaptability of customs authorities to the rapidly changing political, economic, and technological environment and consequently to evolving and emerging new threats.

As the leading authority for the monitoring and control of goods, including cash, and in their role as gatekeepers at the EU’s external borders, customs authorities must perform a growing number of tasks, while simultaneously facilitating trade. In addition, many traditional threats and risks of customs-related crime remain relevant. Customs authorities must continue to develop skills, high-end capabilities and methods to contribute effectively and efficiently to the EU’s internal security.

Law enforcement cooperation between the Member States’ customs authorities and between these authorities and relevant JHA agencies, as well as with other law enforcement authoritiesat both national and EU level, must be continually developed and intensified. Cooperation with customs and other relevant law enforcement authorities in third countries and, where appropriate, international organisations, should also be developed further. The overall aim of this strategy is to strengthen customs cooperation in the area of law enforcement, in particular by addressing security-related incidents, threats, risks and crises, as well as providing effective responses to cross-border crimes.

To better reflect the developments in the internal security of the EU that have taken place in recent years and the role of customs authorities in the area of law enforcement, the strategy is designed to deliver on the objectives of the Resolution of 8 June 2023 on customs cooperation in the area of law enforcement and its contribution to the internal security of the EU.

Objectives

To support the implementation of the EU Security Union, and relevant EU strategies and Action Plans, and with an emphasis on the role of customs in protecting Europeans from terrorism and organised crime, together with other relevant national authorities, EU institutions, bodies and agencies, as appropriate, the following objectives have been set:

| 1) | to strengthen the capacity of customs authorities to prevent, detect and investigate, or contribute to the investigation of cross-border crimes, and to deal with security-related incidents, threats, risks and crises:






  i) | contribute to enhancing customs authorities’ knowledge of the threat of cross-border crime and of ways to prevent and detect specific types of crimes, and of the law enforcement cooperation tools available to fight such crimes; |
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1)

to strengthen the capacity of customs authorities to prevent, detect and investigate, or contribute to the investigation of cross-border crimes, and to deal with security-related incidents, threats, risks and crises:

i)

contribute to enhancing customs authorities’ knowledge of the threat of cross-border crime and of ways to prevent and detect specific types of crimes, and of the law enforcement cooperation tools available to fight such crimes;

| ii) | contribute to and support the updating and development of legislative law enforcement instruments from a customs perspective; |
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ii)

contribute to and support the updating and development of legislative law enforcement instruments from a customs perspective;

| iii) | contribute to the close involvement of customs in the preparation of the EU Strategic Training Needs Assessment (EU-STNA) and the prioritisation of customs training needs identified in the EU STNA, with a particular emphasis on information exchange, intelligence and risk analysis, operational cooperation, prevention, detection, and investigations; |
| --- | --- |

iii)

contribute to the close involvement of customs in the preparation of the EU Strategic Training Needs Assessment (EU-STNA) and the prioritisation of customs training needs identified in the EU STNA, with a particular emphasis on information exchange, intelligence and risk analysis, operational cooperation, prevention, detection, and investigations;

| iv) | contribute to the identification of customs needs with regard to the development of modern technologies, especially for detection, surveillance, investigation and information management, as well as the procurement and deployment of such technologies; |
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iv)

contribute to the identification of customs needs with regard to the development of modern technologies, especially for detection, surveillance, investigation and information management, as well as the procurement and deployment of such technologies;

| v) | promote the use of Regulation (EU) 2021/1077 of the European Parliament and of the Council of 24 June 2021 establishing, as part of the Integrated Border Management Fund, the instrument for financial support for customs control equipment, as well as Regulation (EU) 2021/1149 of the European Parliament and of the Council of 7 July 2021 establishing the Internal Security Fund, the Horizon Europe and the EU Anti-Fraud Programme. |
| --- | --- |

v)

promote the use of Regulation (EU) 2021/1077 of the European Parliament and of the Council of 24 June 2021 establishing, as part of the Integrated Border Management Fund, the instrument for financial support for customs control equipment, as well as Regulation (EU) 2021/1149 of the European Parliament and of the Council of 7 July 2021 establishing the Internal Security Fund, the Horizon Europe and the EU Anti-Fraud Programme.

| 2) | to improve, facilitate and increase the effectiveness of the cooperation and exchange of information between customs authorities and between these authorities and other law enforcement authorities, relevant EU institutions, bodies and agencies and, where appropriate, with third countries and international organisations:






  i) | ensure the effective use of existing systems for the exchange of information between customs authorities and between these authorities and other relevant authorities, including with third countries and international organisations, where appropriate; |
| --- | --- | --- |

2)

to improve, facilitate and increase the effectiveness of the cooperation and exchange of information between customs authorities and between these authorities and other law enforcement authorities, relevant EU institutions, bodies and agencies and, where appropriate, with third countries and international organisations:

i)

ensure the effective use of existing systems for the exchange of information between customs authorities and between these authorities and other relevant authorities, including with third countries and international organisations, where appropriate;

| ii) | further develop efficient information exchange by identifying the scope for integrating systems used by customs authorities in line with the one seizure – one report approach; |
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ii)

further develop efficient information exchange by identifying the scope for integrating systems used by customs authorities in line with the one seizure – one report approach;

| iii) | explore the possibilities for creating synergies between risk management in the area of customs law enforcement and risk analyses completed under the common risk management framework (CRMF); |
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iii)

explore the possibilities for creating synergies between risk management in the area of customs law enforcement and risk analyses completed under the common risk management framework (CRMF);

| iv) | ensure customs authorities’ access to and use of SIENA; |
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iv)

ensure customs authorities’ access to and use of SIENA;

| v) | develop and complement existing risk analyses and threat assessments, in particular Customs Threat Assessment (EU CTA), in close cooperation with other law enforcement authorities and agencies, where appropriate; |
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v)

develop and complement existing risk analyses and threat assessments, in particular Customs Threat Assessment (EU CTA), in close cooperation with other law enforcement authorities and agencies, where appropriate;

| vi) | contribute to the closer involvement of customs authorities in the preparation of the European Union Serious and Organised Crime Threat Assessment (EU SOCTA), to the enhancement of the SOCTA methodology and the improvement of data quality as part of SOCTA data collection; |
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vi)

contribute to the closer involvement of customs authorities in the preparation of the European Union Serious and Organised Crime Threat Assessment (EU SOCTA), to the enhancement of the SOCTA methodology and the improvement of data quality as part of SOCTA data collection;

| vii) | promote synergies with regard to issues related to customs law enforcement when developing future EU CTA, EU SOCTAs and other reports and initiatives. |
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vii)

promote synergies with regard to issues related to customs law enforcement when developing future EU CTA, EU SOCTAs and other reports and initiatives.

| 3) | to enhance cross-border cooperation, including joint operations, between customs authorities and between these authorities and other law enforcement authorities and relevant EU institutions, bodies and agencies or competent authorities in third countries, in order to prevent, detect and investigate, or contribute to the investigation of cross-border crime:






  i) | promote and facilitate the use of the Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations (Naples II Convention), in particular regarding the special forms of cooperation for which it provides, and the roles played by other law enforcement and judicial authorities; |
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3)

to enhance cross-border cooperation, including joint operations, between customs authorities and between these authorities and other law enforcement authorities and relevant EU institutions, bodies and agencies or competent authorities in third countries, in order to prevent, detect and investigate, or contribute to the investigation of cross-border crime:

i)

promote and facilitate the use of the Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations (Naples II Convention), in particular regarding the special forms of cooperation for which it provides, and the roles played by other law enforcement and judicial authorities;

| ii) | reinforce the multi-disciplinary and multi-agency approach in order to better prevent and fight criminality, including the circumvention of EU restrictive measures, by strengthening cooperation (including joint operations) and synergies among customs authorities and between these authorities and other law enforcement authorities and the competent EU bodies and agencies; |
| --- | --- |

ii)

reinforce the multi-disciplinary and multi-agency approach in order to better prevent and fight criminality, including the circumvention of EU restrictive measures, by strengthening cooperation (including joint operations) and synergies among customs authorities and between these authorities and other law enforcement authorities and the competent EU bodies and agencies;

| iii) | explore ways of strengthening operational cooperation and mutual assistance with third countries, by facilitating communication and the exchange of expertise and best practices; |
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iii)

explore ways of strengthening operational cooperation and mutual assistance with third countries, by facilitating communication and the exchange of expertise and best practices;

| iv) | continue to contribute to the implementation of EMPACT, including by promoting the active involvement of customs authorities in EMPACT Operational Action Plans (OAPs) and Joint Action Days and also enhanced coordination between the LEWP – C action plans and the OAPs; |
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iv)

continue to contribute to the implementation of EMPACT, including by promoting the active involvement of customs authorities in EMPACT Operational Action Plans (OAPs) and Joint Action Days and also enhanced coordination between the LEWP – C action plans and the OAPs;

| v) | promote joint operational activities between customs and border guards, especially in relation to common intensified controls at the EU external borders, where feasible, thus contributing to integrated border management. |
| --- | --- |

v)

promote joint operational activities between customs and border guards, especially in relation to common intensified controls at the EU external borders, where feasible, thus contributing to integrated border management.

| 4) | to enhance intelligence and risk analysis using data from other law enforcement agencies, and promote interoperability between relevant customs and JHA information systems, where appropriate:






  i) | enhance intelligence and risk analysis carried out by customs authorities using information and data provided by other law enforcement agencies; |
| --- | --- | --- |

4)

to enhance intelligence and risk analysis using data from other law enforcement agencies, and promote interoperability between relevant customs and JHA information systems, where appropriate:

i)

enhance intelligence and risk analysis carried out by customs authorities using information and data provided by other law enforcement agencies;

| ii) | provide, as appropriate, analytical and intelligence data from customs authorities to other law enforcement authorities; |
| --- | --- |

ii)

provide, as appropriate, analytical and intelligence data from customs authorities to other law enforcement authorities;

| iii) | consider the work on the interoperability of large-scale IT systems in the JHA area with information systems in the customs area on the basis of identified needs and with a view to delivering mutual benefits. |
| --- | --- |

iii)

consider the work on the interoperability of large-scale IT systems in the JHA area with information systems in the customs area on the basis of identified needs and with a view to delivering mutual benefits.

Implementation of the strategy

The successful implementation of this strategy will address the challenges facing customs authorities and threats to the internal security of the EU. Customs authorities, in cooperation with other law enforcement authorities and the competent EU institutions, agencies, and bodies, are invited to undertake the appropriate measures and contribute to the effective implementation of this strategy.

The measures undertaken to this end should address the practical aspects of customs law enforcement co-operation and should, where feasible and appropriate, be aligned to EMPACT and other EU law enforcement initiatives, while avoiding duplication.

The LEWP-C will monitor and coordinate the implementation of this strategy, in particular through action plans or the use of expert groups/networks.

The Presidencies, when preparing their agendas, should take into account the objectives of this strategy in order to contribute to its implementation.

The Commission is invited to contribute, where appropriate and within its competence, to the implementation of this strategy and future actions, with the aim, amongst others, of finding synergies.

Follow-up and evaluation of the strategy, including presentation of results

This strategy should be subject to regular review by the LEWP-C, when deemed appropriate or at least every 18 months (corresponding to a trio Presidency). An evaluation mechanism should be introduced by the LEWP-C in order to facilitate the review and ensure that the strategy continues to develop in a relevant manner. The results of the implementation of the strategy should be presented to the relevant stakeholders within the Council structure.

---

(1)  https://www.consilium.europa.eu/en/policies/eu-fight-against-crime/

---

| 20.6.2023 | EN | Official Journal of the European Union | C 217/8 |
| --- | --- | --- | --- |

20.6.2023

EN

Official Journal of the European Union

C 217/8

---

Notice for the attention of certain entities subject to the restrictive measures provided for in Council Decision 2014/512/CFSP and Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine

(2023/C 217/03)

The following information is brought to the attention of entities appearing in Annexes VIII and IX of Decision 2014/512/CFSP (1) and in Annexes XIV and XV of Regulation (EU) No 833/2014 (2), as well as of Russian Direct Investment Fund, entity appearing in Article 4b Decision 2014/512/CFSP and Article 2e of Regulation (EU) No 833/2014.

The Council is considering maintaining the restrictive measures concerning those entities.

The entities concerned are hereby informed that they may submit a request to the Council to obtain the information related to the maintaining of restrictive measures by 27 June 2023, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1 |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

---

(1)  OJ L 229, 31.7.2014, p. 13.

(2)  OJ L 229, 31.7.2014, p. 1.

---

| 20.6.2023 | EN | Official Journal of the European Union | C 217/9 |
| --- | --- | --- | --- |

20.6.2023

EN

Official Journal of the European Union

C 217/9

---

Notice for the attention of certain persons and entities subject to the restrictive measures provided for in Council Decision 2014/145/CFSP and Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

(2023/C 217/04)

The following information is brought to the attention of Sergey Pavlovych TSEKOV (No 8), Vladislav Yurievich SURKOV (No 29), Lt. Gen. Igor Nikolaevich (Mykolayovich) TURCHENYUK (No 32), Sergei Ivanovich MENYAILO (No 37), Rashid Gumarovich NURGALIEV (No 76), Alexander Nikolayevich TKACHYOV (No 81), Ekaterina Yurievna GUBAREVA (No 83), Arkady Romanovich ROTENBERG (No 92), Mikhail Sergeyevich SHEREMET (No 105), Yuri Leonidovich VOROBIOV (No 106), Vladimir Abdualiyevich VASILYEV (No 108), Sergey Viktorovich CHEMEZOV (No 118), Alexander Mikhailovich BABAKOV (No 119), Dmitry Aleksandrovich SEMYONOV (No 126), Lesya Mikhaylovna LAPTEVA (No 128), Ihor Vladymyrovych KOSTENOK (No 130), Yevgeniy Vyacheslavovich ORLOV (No 131), Vladyslav Mykolayovych DEYNEGO (No 132), Eduard Aleksandrovich BASURIN (No 137), Sergey Yurevich KUZOVLEV (No 140), Evgeny Vladimirovich MANUYLOV (No 143), Andrei Valeryevich KARTAPOLOV (No 149), Valery Fedorovich RASHKIN (No 151), Ruslan Ismailovich BALBEK (No 152), Konstantin Mikhailovich BAKHAREV (No 153), Dmitry Anatolievich BELIK (No 154), Andrei Dmitrievich KOZENKO (No 155), Svetlana Borisovna SAVCHENKO (No 156), Evgeniy Petrovich GRABCHAK (No 159), Olga Valerievna POZDNYAKOVA (No 167), Elena Valerievna KRAVCHENKO (No 168),

Leonid Ivanovich PASECHNIK (No 169), Denis Nikolaevich MIROSHNICHENKO (No 171), Vladimir Yurievich VYSOTSKIY (No 173), Ekaterina Borisovna ALTABAEVA (No 187), Mikhail Vladimirovich RAZVOZHAEV (No 190), Sergei Kuzhugetovich SHOIGU (No 212), Marat Shakirzyanovich KHUSNULLIN (No 214), Igor Vladimirovich OSIPOV (No 219), Oleg Leonydovych SALYUKOV (No 220), Sergei SUROVIKIN (No 221), Sergei Dmitrevich SIMONENKO (661), Igor Viktorovich DEMIDENKO (No 666), Sergei Pavlovich ROLDUGIN (No 676), Andrey Anatolyevich TURCHAK (No 681), Anton Vyacheslavovich KRASOVSKY (No 688), Rustam Usmanovich MURADOV (No 692), Oleg Leonidovich VOINOV (No 699), Alexander Ivanovich BAS (No 706), Vadim Evgenievich SHADURA (No 711), Vyacheslav Aleksandrovich LENKEVICH (No 714), Igor Nikolayevich MOROZOV (No 806), Alexander Yuryevich PRONYUSHKIN (No 823), Armen Sumbatovich GASPARYAN (No 886), Ekaterina IGNATOVA (No 922), Anastasia IGNATOVA (No 923), Lyudmila RUKAVISHNIKOVA (No 924), Alexander Yevgenevych ANANCHENKO (No 932), Vladimir Nikolaevich ANTONOV (No 936), Aleksandr Aleksandrovich OPRISHHENKO (No 939), Natalya Yurevna NIKONOROVA (No 940), Aleksandr Yurevich GROMAKOV (No 942), Mikhail Nikolaevich KUSHAKOV (No 943), Sergei Sergeevich NAUMETS (No 947), Mikhail Vasilyevich GOLUBOVICH (No 1073), Mikhail Evgenievich MIZINTSEV (No 1157), Pavel Evgenevich PRIGOZHIN (No 1174), Sharip Sultanovich DELIMKHANOV (No 1183), Alexey Mikhailovich KUZMENKOV (No 1190), Konstantin Vladimirovich IVASHCHENKO (No 1193), Andrei Vladimirovich SHEVCHIK (No 1197), Evgeniy Alexandrovich SOLNTSEV (No 1244), Denis Sergeevich KURASHOV (No 1273),

Dmitriy Vladimirovich SHMELEV (No 1274), Vladimir Ivanovich BULAVIN (No 1425), Aleksey Aleksandrovich UCHENOV (No 1443), Ghassem DAMAVANDIAN (No 1491), State Unitary Enterprise of the City of Sevastopol, 'Sevastopol seaport' (No 13), Public Joint Stock Company ‘Russian National Commercial Bank’ (No 23), Public movement ‘Peace to Luhansk Region’ (No 25), CJSC VAD (No 47), Internet Research Agency (No 52), PROMSVYAZBANK (No 54), JSC Arzamas Machine-Building Plant (No 66), JSC Ruselectronics (No 67), JSC OBORONENERGO (No 85), PJSC KAMAZ alias KAMAZ PTC (No 91), JSC REMDIZEL (No 98), JSC SUKHOI Company (No 99), JSC ‘121 AIRCRAFT REPAIR PLANT’ (No 100), Nightwolves MC (No 103), The Alexander Gorchakov Public Diplomacy Fund (No 104), New People (No 130), Liberal Democratic Party of Russia (No 131), Just Russia — Patriots — For Truth (No 132), Communist Party of the Russian Federation (No 133) persons and entities appearing in the Annex to Council Decision 2014/145/CFSP (1) and in Annex I to Council Regulation (EU) No 269/2014 (2) concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

The Council is considering maintaining the restrictive measures against the above-mentioned persons and entities with new statements of reasons. Those persons and entities are hereby informed that they may submit a request to the Council to obtain the intended statements of reasons for their designation, by 27 June 2023, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1 |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

---

(1)  OJ L 78, 17.3.2014, p. 16.

(2)  OJ L 78, 17.3.2014, p. 6.

---

European Commission

| 20.6.2023 | EN | Official Journal of the European Union | C 217/11 |
| --- | --- | --- | --- |

20.6.2023

EN

Official Journal of the European Union

C 217/11

---

Euro exchange rates (1)

19 June 2023

(2023/C 217/05)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0922 |
| JPY | Japanese yen | 154,94 |
| DKK | Danish krone | 7,4498 |
| GBP | Pound sterling | 0,85268 |
| SEK | Swedish krona | 11,6943 |
| CHF | Swiss franc | 0,9772 |
| ISK | Iceland króna | 149,10 |
| NOK | Norwegian krone | 11,6335 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 23,778 |
| HUF | Hungarian forint | 374,40 |
| PLN | Polish zloty | 4,4570 |
| RON | Romanian leu | 4,9588 |
| TRY | Turkish lira | 25,8250 |
| AUD | Australian dollar | 1,5964 |
| CAD | Canadian dollar | 1,4411 |
| HKD | Hong Kong dollar | 8,5379 |
| NZD | New Zealand dollar | 1,7625 |
| SGD | Singapore dollar | 1,4646 |
| KRW | South Korean won | 1 400,93 |
| ZAR | South African rand | 19,8497 |
| CNY | Chinese yuan renminbi | 7,8182 |
| IDR | Indonesian rupiah | 16 381,19 |
| MYR | Malaysian ringgit | 5,0542 |
| PHP | Philippine peso | 60,883 |
| RUB | Russian rouble | |
| THB | Thai baht | 37,987 |
| BRL | Brazilian real | 5,2588 |
| MXN | Mexican peso | 18,6768 |
| INR | Indian rupee | 89,5125 |

Currency

Exchange rate

USD

US dollar

1,0922

JPY

Japanese yen

154,94

DKK

Danish krone

7,4498

GBP

Pound sterling

0,85268

SEK

Swedish krona

11,6943

CHF

Swiss franc

0,9772

ISK

Iceland króna

149,10

NOK

Norwegian krone

11,6335

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

23,778

HUF

Hungarian forint

374,40

PLN

Polish zloty

4,4570

RON

Romanian leu

4,9588

TRY

Turkish lira

25,8250

AUD

Australian dollar

1,5964

CAD

Canadian dollar

1,4411

HKD

Hong Kong dollar

8,5379

NZD

New Zealand dollar

1,7625

SGD

Singapore dollar

1,4646

KRW

South Korean won

1 400,93

ZAR

South African rand

19,8497

CNY

Chinese yuan renminbi

7,8182

IDR

Indonesian rupiah

16 381,19

MYR

Malaysian ringgit

5,0542

PHP

Philippine peso

60,883

RUB

Russian rouble

THB

Thai baht

37,987

BRL

Brazilian real

5,2588

MXN

Mexican peso

18,6768

INR

Indian rupee

89,5125

---

(1)  Source: reference exchange rate published by the ECB.

---

Court of Auditors

| 20.6.2023 | EN | Official Journal of the European Union | C 217/12 |
| --- | --- | --- | --- |

20.6.2023

EN

Official Journal of the European Union

C 217/12

---

Special report 15/2023:

‘The EU’s industrial policy on batteries — New strategic impetus needed’

(2023/C 217/06)

The European Court of Auditors has published its special report 15/2023: ‘The EU’s industrial policy on batteries – New strategic impetus needed’.

The report can be consulted directly or downloaded at the European Court of Auditors’ website: https://www.eca.europa.eu/en/publications/sr-2023-15

---

European Data Protection Supervisor

| 20.6.2023 | EN | Official Journal of the European Union | C 217/13 |
| --- | --- | --- | --- |

20.6.2023

EN

Official Journal of the European Union

C 217/13

---

Summary of the Opinion of the European Data Protection Supervisor on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and Peruvian law enforcement authorities

(2023/C 217/07)

(The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu)

On 9 March 2023 the European Commission issued a Recommendation for a Council decision authorising the opening of negotiations for an agreement between the European Union and the Republic of Peru on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Peruvian authorities competent for fighting serious crime and terrorism (1) (the ‘Recommendation’).

The objective of the Recommendation is to open negotiations with the Republic of Peru with the purpose of signing and concluding an international agreement enabling the exchange of personal data between Europol and the Peruvian authorities competent for fighting serious crime and terrorism. The Annex to the Recommendation lays down the Council’s negotiating directives to the Commission, i.e. the objectives the latter should aim to achieve on behalf of the EU in the course of these negotiations.

Transfers of personal data gathered in the context of criminal investigations and further processed by Europol to produce criminal intelligence are liable to have a significant impact on the lives of the individuals concerned. For that reason, the international agreement must ensure that the limitations to the rights to privacy and data protection in relation to the fight against serious crime and terrorism apply only in so far as is strictly necessary.

The EDPS positively notes that the Commission has established by now, based also on a number of the recommendations from the previous EDPS Opinions on this matter, a well-structured set of objectives (negotiating directives), incorporating fundamental data protection principles, which the Commission aims to achieve on behalf of the EU in the course of international negotiations to conclude agreements on the exchange of personal data between Europol and third country law enforcement authorities.

In this regard, the recommendations in this Opinion are aimed at clarifying and, where necessary, further developing the safeguards and controls in the future Agreement between the EU and the Republic of Peru with respect to the protection of personal data. In this context, the EDPS recommends that the future Agreement explicitly lays down the list of the criminal offences regarding which personal data could be exchanged; provides for a periodic review of the need for storage of the transferred personal data as well as other appropriate measures ensuring that the time limits are observed; adduces additional safeguards as regards the transfer of special categories of data; ensures that no automated decision based on the received data under the Agreement would take place without the possibility for a human being to intervene in an effective and meaningful way; lays down clear and detailed rules regarding the information that should be made available to the data subjects.

The EDPS recalls that, pursuant to Article 8(3) of the Charter, the control by an independent authority is an essential element of the right to the protection of personal data. The EDPS therefore recommends to the Commission to pay special attention, during the negotiations to the oversight by independent public bodies responsible for data protection with effective powers vis-a-vis the law enforcement and other competent authorities of the Republic of Peru that will use the transferred personal data. In addition, in order to ensure proper implementation of the Agreement, the EDPS also suggests that the Parties exchange on a regular basis information on the exercise of rights by data subjects as well as relevant information about the use of the oversight and redress mechanisms related to the application of the Agreement.

1.   INTRODUCTION

| 1. | On 9 March 2023 the European Commission issued a Recommendation for a Council decision authorising the opening of negotiations for an agreement between the European Union and the Republic of Peru on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Peruvian authorities competent for fighting serious crime and terrorism. The Recommendation is accompanied by its respective Annex. |
| --- | --- |

1.

| 2. | The objective of the Recommendation is to open negotiations with the Republic of Peru (hereinafter ‘Peru’) with the purpose of signing and concluding an international agreement enabling the exchange of personal data between Europol and the Peruvian authorities competent for fighting serious crime and terrorism. The Annex to the Recommendation lays down the Council’s negotiating directives to the Commission, i.e. the objectives the latter should aim to achieve on behalf of the EU in the course of these negotiations. |
| --- | --- |

2.

| 3. | In the Explanatory Memorandum of the Recommendation the Commission assesses that Latin America’s organised crime groups pose a serious threat to the EU internal security as their actions are increasingly linked to a series of crimes within the Union, particularly in the realm of drug trafficking (2). The 2021 EU Serious and Organised Crime Threat Assessment (‘SOCTA’) by Europol highlights that unprecedented quantities of illicit drugs are trafficked to the EU from Latin America, generating multi-billion-euro profits, which are used to finance a diverse range of criminal organisations (international and EU-based) and to weaken the rule of law in the EU (3). |
| --- | --- |

3.

| 4. | Most of the drugs seized in the EU are transported by sea, primarily in maritime shipping containers (4), and shipped to the EU directly from the countries of production, including Peru, as well as from neighbouring countries of departure in Latin America (5). Peru is the second largest coca-cultivating country globally, accounting for 26 % of global cultivation (6). This fact has concrete consequences for the EU, as a third (32 %) of the total number of EU cocaine samples tested originated from Peru; an increase from the previous years (7). |
| --- | --- |

4.

| 5. | In its Programming Document 2022-2024, Europol has flagged that, among others, the growing demand for drugs and increased drug trafficking routes into the EU justify the need for enhanced cooperation with Latin American countries. In this sense, in December 2020, Peru was included in Europol’s list of priority partners with which the agency may conclude Working Arrangements (8). |
| --- | --- |

5.

| 6. | Peru has been identified as a key international partner to reduce the global supply of cocaine by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) (9). |
| --- | --- |

6.

| 7. | The present Opinion of the EDPS is issued in response to a consultation by the European Commission of 9 March 2023, pursuant to Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (10) (EUDPR). The EDPS welcomes that he has been consulted on the Recommendation and expects a reference to this Opinion to be included in the preamble of the Council Decision. In addition, the EDPS welcomes the reference, in Recital 4 of the Recommendation, to Recital 35 of the Regulation (EU) 2016/794 of the European Parliament and of the Council (11) (‘Europol Regulation’), which provides that the Commission should be able to consult the EDPS also during the negotiations of the Agreement and, in any event, before the Agreement is concluded. |
| --- | --- |

7.

| 8. | The EDPS recalls that he has already had the opportunity to comment in 2018 and in 2020 on the exchange of personal data between Europol and the law enforcement authorities of third countries on the basis of Europol Regulation (12). |
| --- | --- |

8.

| 9. | The EDPS positively notes that the Commission has established by now, based also on a number of the recommendations from the previous EDPS Opinions on this matter, a well-structured set of objectives (negotiating directives), incorporating fundamental data protection principles, which the Commission aims to achieve on behalf of the EU in the course of international negotiations to conclude agreements on the exchange of personal data between Europol and third country law enforcement authorities. |
| --- | --- |

9.

| 10. | In this context, the recommendations in this Opinion are aimed at clarifying and, where necessary, further developing the safeguards and controls in the future Agreement between the EU and Peru with respect to the protection of personal data. They are without prejudice to any additional recommendations that the EDPS could make on the basis of further available information and the provisions of the draft agreement during the negotiations. |
| --- | --- |

10.

11.   CONCLUSIONS

| 38. | In light of the above, the EDPS recommends:






  (1) | that the future Agreement excludes explicitly transfers of personal data obtained in a manifest violation of human rights, |
| --- | --- | --- |

38.

(1)

that the future Agreement excludes explicitly transfers of personal data obtained in a manifest violation of human rights,

| (2) | that the future Agreement explicitly lay down the list of the criminal offences regarding which personal data could be exchanged and that the transferred personal data must be related to individual cases, |
| --- | --- |

(2)

that the future Agreement explicitly lay down the list of the criminal offences regarding which personal data could be exchanged and that the transferred personal data must be related to individual cases,

| (3) | that the future Agreement provide for a periodic review of the need for storage of the transferred personal data as well as other appropriate measures ensuring that the time limits are observed, |
| --- | --- |

(3)

that the future Agreement provide for a periodic review of the need for storage of the transferred personal data as well as other appropriate measures ensuring that the time limits are observed,

| (4) | to ensure the future Agreement adduce the safeguards provided for in Article 30 of the Europol Regulation, |
| --- | --- |

(4)

to ensure the future Agreement adduce the safeguards provided for in Article 30 of the Europol Regulation,

| (5) | to ensure that security measures cover data processed in the place of destination, as well as in transit, |
| --- | --- |

(5)

to ensure that security measures cover data processed in the place of destination, as well as in transit,

| (6) | to ensure that no automated decision based on the received data under the Agreement would take place without the possibility for a human being to intervene in an effective and meaningful way, |
| --- | --- |

(6)

to ensure that no automated decision based on the received data under the Agreement would take place without the possibility for a human being to intervene in an effective and meaningful way,

| (7) | that the future Agreement lays down clear and detailed rules regarding the information that should be made available to the data subjects, |
| --- | --- |

(7)

that the future Agreement lays down clear and detailed rules regarding the information that should be made available to the data subjects,

| (8) | the Commission to pay special attention during the negotiations to draft directive 3(k) concerning the oversight by independent public bodies responsible for data protection with effective powers vis-a-vis the law enforcement and other competent authorities of Peru that will use the transferred personal data, |
| --- | --- |

(8)

the Commission to pay special attention during the negotiations to draft directive 3(k) concerning the oversight by independent public bodies responsible for data protection with effective powers vis-a-vis the law enforcement and other competent authorities of Peru that will use the transferred personal data,

| (9) | for the purposes of this review of the Agreement, that the Parties exchange on a regular basis information on the exercise of rights by data subjects and relevant information about the use of the oversight and redress mechanisms related to the application of the Agreement. |
| --- | --- |

(9)

for the purposes of this review of the Agreement, that the Parties exchange on a regular basis information on the exercise of rights by data subjects and relevant information about the use of the oversight and redress mechanisms related to the application of the Agreement.

Brussels, 3 May 2023.

Wojciech Rafał WIEWIÓROWSKI

---

(1)  COM/2023/133 final.

1

(2)  See page 2 of the Explanatory Memorandum to the Proposal.

2

(3)  European Union Serious and Organised Crime Threat Assessment: A corrupt Influence: The infiltration and undermining of Europe’s economy and society by organised crime.

3

(4)  Europol and the global cocaine trade, available at https://www.emcdda.europa.eu/publications/eu-drug-markets/cocaine/europe-and-global-cocaine-trade_en

4

(5)  Europol and the global cocaine trade, available at https://www.emcdda.europa.eu/publications/eu-drug-markets/cocaine/europe-and-global-cocaine-trade_en

5

(6)  EU Drug Market: Cocaine, p.10, available at EU Drug Market: Cocaine, www.emcdda.europa.eu

6

(7)  EU Drug Market: Cocaine, p. 19, available at EU Drug Market: Cocaine, www.emcdda.europa.eu

7

(8)  Explanatory memorandum, p. 2.

8

(9)  Explanatory memorandum, p. 2.

9

(10)  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).

10

(11)  Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).

11

(12)  See EDPS Opinion 2/2018 on eight negotiating mandates to conclude international agreements allowing the exchange of data between Europol and third countries, adopted on 14 March 2018, https://edps.europa.eu/sites/edp/files/publication/18-03-19_opinion_international_agreements_europol_en.pdf and EDPS Opinion 1/2020 on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and New Zealand law enforcement authorities, issued on 31 January 2020 https://edps.europa.eu/sites/default/files/publication/20-01-31_opinion_recommendation_europol_en.docx.pdf

12

---

| 20.6.2023 | EN | Official Journal of the European Union | C 217/17 |
| --- | --- | --- | --- |

20.6.2023

EN

Official Journal of the European Union

C 217/17

---

Summary of the Opinion of the European Data Protection Supervisor on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and Mexican law enforcement authorities

(2023/C 217/08)

(The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu)

On 9 March 2023 the European Commission issued a Recommendation for a Council decision authorising the opening of negotiations for an agreement between the European Union and the United Mexican States on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Mexican authorities competent for fighting serious crime and terrorism (1) (‘the Recommendation’).

The objective of the Recommendation is to open negotiations with the United Mexican States with the purpose of signing and concluding an international agreement enabling the exchange of personal data between Europol and the Mexican authorities competent for fighting serious crime and terrorism. The Annex to the Recommendation lays down the Council’s negotiating directives to the Commission, i.e. the objectives the latter should aim to achieve on behalf of the EU in the course of these negotiations.

Transfers of personal data gathered in the context of criminal investigations and further processed by Europol to produce criminal intelligence are liable to have a significant impact on the lives of the individuals concerned. For that reason, the international agreement must ensure that the limitations to the rights to privacy and data protection in relation to the fight against serious crime and terrorism apply only in so far as is strictly necessary.

The EDPS positively notes that the Commission has established by now, based also on recommendations from previous EDPS Opinions on this matter, a well-structured set of objectives (negotiating directives), incorporating fundamental data protection principles, which the Commission aims to achieve on behalf of the EU in the course of international negotiations to conclude agreements on the exchange of personal data between Europol and third country law enforcement authorities.

In this regard, the recommendations in this Opinion are aimed at clarifying and, where necessary, further developing the safeguards and controls in the future Agreement between the EU and Mexico with respect to the protection of personal data. In this context, the EDPS recommends that the future Agreement explicitly lays down the list of the criminal offences regarding which personal data could be exchanged; provides for a periodic review of the need for storage of the transferred personal data as well as other appropriate measures ensuring that the time limits are observed; adduces additional safeguards as regards the transfer of special categories of data; ensures that no automated decision based on the received data under the Agreement would take place without effective and meaningful human intervention; and lays down clear and detailed rules regarding the information that should be made available to the data subjects.

The EDPS recalls that, pursuant to Article 8(3) of the Charter, the control by an independent authority is an essential element of the right to the protection of personal data. The EDPS therefore positively notes the existence of an independent data protection authority in Mexico, the National Institute for Transparency, Access to Information and Personal Data Protection (INAI), which is an accredited member of the Global Privacy Assembly. At the same time, the EDPS invites the Commission to examine in details the role of INAI in the supervision of data processing performed for the purposes of public safety or investigation and prosecution of criminal offenses, in view of the specific objective of the Agreement. In addition, in order to ensure proper implementation of the Agreement, the EDPS also suggests that the Parties exchange on a regular basis information on the exercise of rights by data subjects as well as relevant information about the use of the oversight and redress mechanisms related to the application of the Agreement.

1.   INTRODUCTION

| 1. | On 9 March 2023 the European Commission issued a Recommendation for a Council decision authorising the opening of negotiations for an agreement between the European Union and the United Mexican States on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Mexican authorities competent for fighting serious crime and terrorism. The Recommendation is accompanied by its respective Annex. |
| --- | --- |

1.

| 2. | The objective of the Recommendation is to open negotiations with the United Mexican States (hereinafter ‘Mexico’) with the purpose of signing and concluding an international agreement enabling the exchange of personal data between Europol and the Mexican authorities competent for fighting serious crime and terrorism. The Annex to the Recommendation lays down the Council’s negotiating directives to the Commission, i.e. the objectives the latter should aim to achieve on behalf of the EU in the course of these negotiations. |
| --- | --- |

2.

| 3. | In the Explanatory Memorandum of the Recommendation the Commission assesses that Latin America’s organised crime groups pose a serious threat to the EU internal security as their actions are increasingly linked to a series of crimes within the Union, particularly in the realm of drug trafficking (2). The 2021 EU Serious and Organised Crime Threat Assessment (‘SOCTA’) by Europol highlights that unprecedented quantities of illicit drugs are trafficked to the EU from Latin America, generating multi-billion-euro profits, which are used to finance a diverse range of criminal organisations (international and EU-based) and to weaken the rule of law in the EU (3). |
| --- | --- |

3.

| 4. | Most of the drugs seized in the EU is transported by sea, primarily in maritime shipping containers (4), and shipped to the EU directly from the countries of production, including Mexico, as well as from neighbouring countries of departure in Latin America (5). Mexican cartels are multinational poly-criminal organisations and have intensified their criminal activities in the EU, developing a tailor-made criminal business by using numerous legal business structures to support other crimes, such as drug trafficking (including synthetic drugs). The Mexican involvement in methamphetamine production and trafficking in Europe can be assessed from the seizures of such substance in the EU (most likely in transit to non-EU markets). For instance, in 2019, Spain reported seizing 1,6 tonnes and, in 2020, Slovakia reported seizing 1,5 tonnes of methamphetamine originating from Mexico (6) . |
| --- | --- |

4.

| 5. | In its Programming Document 2022-2024, Europol has flagged that, among others, the growing demand for drugs and increased drug trafficking routes into the EU justify the need for enhanced cooperation with Latin American countries. Moreover, due to their long-standing capacity to procure large amounts of cocaine directly from producers in Latin America, Mexican criminal networks have been reported as a threat for Europe by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) (7) and Europol. |
| --- | --- |

5.

| 6. | Mexico has been committed to contributing to the dismantling of organised crime groups involved in drug production and trafficking. Consequently, the country has been identified as a key international partner to reduce the global supply of cocaine by the EMCDDA. |
| --- | --- |

6.

| 7. | The present Opinion of the EDPS is issued in response to a consultation by the European Commission of 9 March 2023, pursuant to Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (8) (EUDPR). The EDPS welcomes that he has been consulted on the Recommendation and expects a reference to this Opinion to be included in the preamble of the Council Decision. In addition, the EDPS welcomes the reference, in Recital 4 of the Recommendation, to Recital 35 of the Regulation (EU) 2016/794 of the European Parliament and of the Council (9) (‘Europol Regulation’), which provides that the Commission should be able to consult the EDPS also during the negotiations of the Agreement and, in any event, before the Agreement is concluded. |
| --- | --- |

7.

| 8. | The EDPS also recalls that he has already had the opportunity to comment in 2018 and in 2020 on the exchange of personal data between Europol and the law enforcement authorities of third countries on the basis of Europol Regulation (10). |
| --- | --- |

8.

| 9. | The EDPS positively notes that the Commission has established by now, based also on a number of the recommendations from the previous EDPS Opinions on this matter, a well-structured set of objectives (negotiating directives), incorporating fundamental data protection principles, which the Commission aims to achieve on behalf of the EU in the course of international negotiations to conclude agreements on the exchange of personal data between Europol and third country law enforcement authorities. |
| --- | --- |

9.

| 10. | In this context, the recommendations in this Opinion are aimed at clarifying and, where necessary, further developing the safeguards and controls in the future Agreement between the EU and Mexico with respect to the protection of personal data. They are without prejudice to any additional recommendations that the EDPS could make on the basis of further available information and the provisions of the draft agreement during the negotiations. |
| --- | --- |

10.

11.   CONCLUSIONS

| 38. | In light of the above, the EDPS recommends:






  (1) | that the future Agreement excludes explicitly transfers of personal data obtained in a manifest violation of human rights, |
| --- | --- | --- |

38.

(1)

that the future Agreement excludes explicitly transfers of personal data obtained in a manifest violation of human rights,

| (2) | that the future Agreement explicitly lay down the list of the criminal offences regarding which personal data could be exchanged and that the transferred personal data must be related to individual cases, |
| --- | --- |

(2)

that the future Agreement explicitly lay down the list of the criminal offences regarding which personal data could be exchanged and that the transferred personal data must be related to individual cases,

| (3) | that the future Agreement provide for a periodic review of the need for storage of the transferred personal data as well as other appropriate measures ensuring that the time limits are observed, |
| --- | --- |

(3)

that the future Agreement provide for a periodic review of the need for storage of the transferred personal data as well as other appropriate measures ensuring that the time limits are observed,

| (4) | to ensure the future Agreement adduce the safeguards provided for in Article 30 of the Europol Regulation, |
| --- | --- |

(4)

to ensure the future Agreement adduce the safeguards provided for in Article 30 of the Europol Regulation,

| (5) | to ensure that security measures cover data processed in the place of destination, as well as in transit, |
| --- | --- |

(5)

to ensure that security measures cover data processed in the place of destination, as well as in transit,

| (6) | to ensure that no automated decision based on the received data under the Agreement would take place without the possibility for a human being to intervene in an effective and meaningful way, |
| --- | --- |

(6)

to ensure that no automated decision based on the received data under the Agreement would take place without the possibility for a human being to intervene in an effective and meaningful way,

| (7) | that the future Agreement lays down clear and detailed rules regarding the information that should be made available to the data subjects, |
| --- | --- |

(7)

that the future Agreement lays down clear and detailed rules regarding the information that should be made available to the data subjects,

| (8) | for the purposes of this review of the Agreement, that the Parties exchange on a regular basis information on the exercise of rights by data subjects and relevant information about the use of the oversight and redress mechanisms related to the application of the Agreement. |
| --- | --- |

(8)

for the purposes of this review of the Agreement, that the Parties exchange on a regular basis information on the exercise of rights by data subjects and relevant information about the use of the oversight and redress mechanisms related to the application of the Agreement.

Brussels, 3 May 2023.

Wojciech Rafał WIEWIÓROWSKI

---

(1)  COM(2023) 131 final.

1

(2)  See page 2 of the Explanatory Memorandum to the Proposal.

2

(3)  European Union Serious and Organised Crime Threat Assessment: A corrupt Influence: The infiltration and undermining of Europe’s economy and society by organised crime, page 12.

3

(4)  Europol and the global cocaine trade, available at https://www.emcdda.europa.eu/publications/eu-drug-markets/cocaine/europe-and-global-cocaine-trade_en.

4

(5)  Europol and the global cocaine trade, available at https://www.emcdda.europa.eu/publications/eu-drug-markets/cocaine/europe-and-global-cocaine-trade_en.

5

(6)  EU Drug Market: Methamphetamine, EMCDDA, available at www.emcdda.europa.eu.

6

(7)  EU Drug Market: Cocaine, available at EU Drug Market: Cocaine, www.emcdda.europa.eu.

7

(8)  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).

8

(9)  Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).

9

(10)  See EDPS Opinion 2/2018 on eight negotiating mandates to conclude international agreements allowing the exchange of data between Europol and third countries, adopted on 14 March 2018, https://edps.europa.eu/sites/edp/files/publication/18-03-19_opinion_international_agreements_europol_en.pdf and EDPS Opinion 1/2020 on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and New Zealand law enforcement authorities, issued on 31 January 2020 https://edps.europa.eu/sites/default/files/publication/20-01-31_opinion_recommendation_europol_en.docx.pdf

10

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| 20.6.2023 | EN | Official Journal of the European Union | C 217/21 |
| --- | --- | --- | --- |

20.6.2023

EN

Official Journal of the European Union

C 217/21

---

Summary of the Opinion of the European Data Protection Supervisor on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and Bolivian law enforcement authorities

(2023/C 217/09)

(The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu)

On 9 March 2023 the European Commission issued a Recommendation for a Council decision authorising the opening of negotiations for an agreement between the European Union and the Plurinational State of Bolivia on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Bolivian authorities competent for fighting serious crime and terrorism (1) (‘the Recommendation’).

The objective of the Recommendation is to open negotiations with Bolivia with the purpose of signing and concluding an international agreement enabling the exchange of personal data between Europol and the Bolivian authorities competent for fighting serious crime and terrorism. The Annex to the Recommendation lays down the Council’s negotiating directives to the Commission, i.e. the objectives the latter should aim to achieve on behalf of the EU in the course of these negotiations.

Transfers of personal data gathered in the context of criminal investigations and further processed by Europol to produce criminal intelligence are liable to have a significant impact on the lives of the individuals concerned. For that reason, the international agreement must ensure that the limitations to the rights to privacy and data protection in relation to the fight against serious crime and terrorism apply only in so far as is strictly necessary.

The EDPS positively notes that the Commission has established by now, based also on a number of the recommendations from the previous EDPS Opinions on this matter, a well-structured set of objectives (negotiating directives), incorporating fundamental data protection principles, which the Commission aims to achieve on behalf of the EU in the course of international negotiations to conclude agreements on the exchange of personal data between Europol and third country law enforcement authorities.

In this regard, the recommendations in this Opinion are aimed at clarifying and, where necessary, further developing the safeguards and controls in the future Agreement between the EU and Bolivia with respect to the protection of personal data. In this context, the EDPS recommends that the future Agreement explicitly lays down the list of the criminal offences regarding which personal data could be exchanged; provides for a periodic review of the need for storage of the transferred personal data as well as other appropriate measures ensuring that the time limits are observed; adduces additional safeguards as regards the transfer of special categories of data; ensures that no automated decision based on the received data under the Agreement would take place without the possibility for a human being to intervene in an effective and meaningful way; lays down clear and detailed rules regarding the information that should be made available to the data subjects.

The EDPS recalls that, pursuant to Article 8(3) of the Charter, the control by an independent authority is an essential element of the right to the protection of personal data. The EDPS therefore recommends to the Commission to pay special attention, during the negotiations to the oversight by independent public bodies responsible for data protection with effective powers vis-a-vis the law enforcement and other competent authorities of Bolivia that will use the transferred personal data. In addition, in order to ensure proper implementation of the Agreement, the EDPS also suggests that the Parties exchange on a regular basis information on the exercise of rights by data subjects as well as relevant information about the use of the oversight and redress mechanisms related to the application of the Agreement.

1.   INTRODUCTION

| 1. | On 9 March 2023 the European Commission issued a Recommendation for a Council decision authorising the opening of negotiations for an agreement between the European Union and the Plurinational State of Bolivia on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Bolivian authorities competent for fighting serious crime and terrorism. The Recommendation is accompanied by its respective Annex. |
| --- | --- |

1.

| 2. | The objective of the Recommendation is to open negotiations with the Plurinational State of Bolivia (hereinafter ‘Bolivia’) with the purpose of signing and concluding an international agreement enabling the exchange of personal data between Europol and the Bolivian authorities competent for fighting serious crime and terrorism. The Annex to the Recommendation lays down the Council’s negotiating directives to the Commission, i.e. the objectives the latter should aim to achieve on behalf of the EU in the course of these negotiations. |
| --- | --- |

2.

| 3. | In the Explanatory Memorandum of the Recommendation the Commission assesses that Latin America’s organised crime groups pose a serious threat to the EU internal security as their actions are increasingly linked to a series of crimes within the Union, particularly in the realm of drug trafficking (2). The 2021 EU Serious and Organised Crime Threat Assessment (‘SOCTA’) by Europol highlights that unprecedented quantities of illicit drugs are trafficked to the EU from Latin America, generating multi-billion-euro profits, which are used to finance a diverse range of criminal organisations (international and EU-based) and to weaken the rule of law in the EU (3). |
| --- | --- |

3.

| 4. | Most of the drugs seized in the EU is transported by sea, primarily in maritime shipping containers (4), and shipped to the EU directly from the countries of production, as well as from neighbouring countries of departure in Latin America (5). Bolivia is the third largest coca-cultivating country globally, accounting for 12,5 % of global cultivation (6). |
| --- | --- |

4.

| 5. | In its Programming Document 2022-2024, Europol has flagged that, among others, the growing demand for drugs and increased drug trafficking routes into the EU justify the need for enhanced cooperation with Latin American countries. In this sense, in December 2022, Bolivia was included in Europol’s list of priority partners with which the agency may conclude Working Arrangements (7). |
| --- | --- |

5.

| 6. | Bolivia has also been identified as a key international partner to reduce the global supply of cocaine by the EMCDDA. |
| --- | --- |

6.

| 7. | The present Opinion of the EDPS is issued in response to a consultation by the European Commission of 9 March 2023, pursuant to Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (8) (EUDPR). The EDPS welcomes that he has been consulted on the Recommendation and expects a reference to this Opinion to be included in the preamble of the Council Decision. In addition, the EDPS welcomes the reference, in Recital 4 of the Recommendation, to Recital 35 of the Regulation (EU) 2016/794 of the European Parliament and of the Council (9) (‘Europol Regulation’), which provides that the Commission should be able to consult the EDPS also during the negotiations of the Agreement and, in any event, before the Agreement is concluded. |
| --- | --- |

7.

| 8. | The EDPS recalls that he has already had the opportunity to comment in 2018 and in 2020 on the exchange of personal data between Europol and the law enforcement authorities of third countries on the basis of Europol Regulation (10). |
| --- | --- |

8.

| 9. | The EDPS positively notes that the Commission has established by now, based also on a number of the recommendations from the previous EDPS Opinions on this matter, a well-structured set of objectives (negotiating directives), incorporating fundamental data protection principles, which the Commission aims to achieve on behalf of the EU in the course of international negotiations to conclude agreements on the exchange of personal data between Europol and third country law enforcement authorities. |
| --- | --- |

9.

| 10. | In this context, the recommendations in this Opinion are aimed at clarifying and, where necessary, further developing the safeguards and controls in the future Agreement between the EU and Bolivia with respect to the protection of personal data. They are without prejudice to any additional recommendations that the EDPS could make on the basis of further available information and the provisions of the draft agreement during the negotiations. |
| --- | --- |

10.

11.   CONCLUSIONS

| 38. | In light of the above, the EDPS recommends:






  (1) | that the future Agreement excludes explicitly transfers of personal data obtained in a manifest violation of human rights, |
| --- | --- | --- |

38.

(1)

that the future Agreement excludes explicitly transfers of personal data obtained in a manifest violation of human rights,

| (2) | that the future Agreement explicitly lay down the list of the criminal offences regarding which personal data could be exchanged and that the transferred personal data must be related to individual cases, |
| --- | --- |

(2)

that the future Agreement explicitly lay down the list of the criminal offences regarding which personal data could be exchanged and that the transferred personal data must be related to individual cases,

| (3) | that the future Agreement provide for a periodic review of the need for storage of the transferred personal data as well as other appropriate measures ensuring that the time limits are observed, |
| --- | --- |

(3)

that the future Agreement provide for a periodic review of the need for storage of the transferred personal data as well as other appropriate measures ensuring that the time limits are observed,

| (4) | to ensure the future Agreement adduce the safeguards provided for in Article 30 of the Europol Regulation, |
| --- | --- |

(4)

to ensure the future Agreement adduce the safeguards provided for in Article 30 of the Europol Regulation,

| (5) | to ensure that security measures cover data processed in the place of destination, as well as in transit, |
| --- | --- |

(5)

to ensure that security measures cover data processed in the place of destination, as well as in transit,

| (6) | to ensure that no automated decision based on the received data under the Agreement would take place without the possibility for a human being to intervene in an effective and meaningful way, |
| --- | --- |

(6)

to ensure that no automated decision based on the received data under the Agreement would take place without the possibility for a human being to intervene in an effective and meaningful way,

| (7) | that the future Agreement lays down clear and detailed rules regarding the information that should be made available to the data subjects, |
| --- | --- |

(7)

that the future Agreement lays down clear and detailed rules regarding the information that should be made available to the data subjects,

| (8) | the Commission to pay special attention during the negotiations to draft directive 3(k) concerning the oversight by independent public bodies responsible for data protection with effective powers vis-a-vis the law enforcement and other competent authorities of Bolivia that will use the transferred personal data, |
| --- | --- |

(8)

the Commission to pay special attention during the negotiations to draft directive 3(k) concerning the oversight by independent public bodies responsible for data protection with effective powers vis-a-vis the law enforcement and other competent authorities of Bolivia that will use the transferred personal data,

| (9) | for the purposes of this review of the Agreement, that the Parties exchange on a regular basis information on the exercise of rights by data subjects and relevant information about the use of the oversight and redress mechanisms related to the application of the Agreement. |
| --- | --- |

(9)

for the purposes of this review of the Agreement, that the Parties exchange on a regular basis information on the exercise of rights by data subjects and relevant information about the use of the oversight and redress mechanisms related to the application of the Agreement.

Brussels, 3 May 2023.

Wojciech Rafał WIEWIÓROWSKI

---

(1)  COM(2023) 130 final.

1

(2)  See page 2 of the Explanatory memorandum of the Proposal.

2

(3)  European Union Serious and Organised Crime Threat Assessment: A corrupt Influence: The infiltration and undermining of Europe’s economy and society by organised crime, page 12.

3

(4)  Europol and the global cocaine trade, available at https://www.emcdda.europa.eu/publications/eu-drug-markets/cocaine/europe-and-global-cocaine-trade_en.

4

(5)  Europol and the global cocaine trade, available at https://www.emcdda.europa.eu/publications/eu-drug-markets/cocaine/europe-and-global-cocaine-trade_en.

5

(6)  EU Drug Market: Cocaine p.10, available at EU Drug Market: Cocaine | www.emcdda.europa.eu.

6

(7)  Explanatory memorandum, p. 2.

7

(8)  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).

8

(9)  Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).

9

(10)  See EDPS Opinion 2/2018 on eight negotiating mandates to conclude international agreements allowing the exchange of data between Europol and third countries, adopted on 14 March 2018, https://edps.europa.eu/sites/edp/files/publication/18-03-19_opinion_international_agreements_europol_en.pdf and EDPS Opinion 1/2020 on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and New Zealand law enforcement authorities, issued on 31 January 2020 https://edps.europa.eu/sites/default/files/publication/20-01-31_opinion_recommendation_europol_en.docx.pdf

10

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