Article 1 Definitions
For the purposes of this Decision, the following definitions shall apply: (a) ‘terrorist offences’: the offences referred to in Directive (EU) 2017/541 of the European Parliament and of the Council ( 1 ); (b) ‘Europol Convention’: the Convention of 26 July 1995 on the establishment of a European Police Office ( 2 ); (c) ‘Eurojust Decision’: Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime ( 3 ); (d) ‘group or entity’: ‘terrorist groups’ within the meaning of Article 2 of Council Framework Decision 2002/475/JHA and the groups and entities listed in the Annex to Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism ( 4 ).
Amendment rationale: EXPLANATORY MEMORANDUM 1. Reasons for and objectives of the proposal 1.1. Reasons for the proposal Directive (EU) 2016/680 1 (the Data Protection Law Enforcement Directive – LED) entered into force on 6 May 2016 and Member States had until 6 May 2018 to turn it into national law. It repealed and replaced Council Framework Decision 2008/977/JHA 2 . Its scope is very comprehensive, as it is the first instrument that takes a comprehensive approach for data processing in law enforcement. It applies to both domestic and cross-border processing of personal data by competent authorities to prevent, investigate, detect or prosecute criminal offences and execute criminal penalties, including safeguarding against and preventing threats to public se curity. Article 62(6) of the LED requires the Commission to review, by 6 May 2019, other EU legal acts that regulate competent authorities’ personal data processing for law enforcement purposes. The purpose of this review is to assess the need to align them with the LED and to submit proposals for amending them to ensure consistency with data protection within the scope of the LED. The Commission set out the findings of its review in its Communication on the way forward on aligning the former third pillar body of EU law with data protection rules (24 June 2020) 3 , which identifies the legal acts that should be aligned with the LED. The list includes Council Decision 2005/671/JHA so the Commission indicated that it would put forward targeted amendments. Under Article 6 of the LED, Member States must ensure that competent authorities make a clear distinction between the personal data of different categories of data subjects, including: · persons where there are serious grounds for believing that they have committed or are about to commit a criminal offence; · persons convicted of a criminal offence; · victims of a criminal offence or other parties to a criminal offence. Under Article 8(1) of the LED, Member States must ensure that processing is lawful. This means that a competent authority can only process personal data to the extent necessary for the performance of a task set out in the LED. Article 8(2) of the LED requires that national law regulating processing data under the scope of the LED must state at least the objectives of processing, the personal data to be processed and the purposes of the processing. To combat terrorism effectively, efficient exchange of information considered to be relevant by the competent authorities for the prevention, detection, investigation or prosecution of terrorist offences between competent authorities and Union agencies, is crucial. Such information exchange must be carried out in full respect of the right to data protection and in line with the conditions set by the LED. Council Decision 2005/671/JHA of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences 4 states that to combat terrorism, it is essential to have the most complete and up to date information possible. The persistence and complexity of the terrorist threat gives rise for more information sharing. Against this background, Council Decision 2005/671/JHA provides that Member States must collect all relevant information concerning and resulting from criminal investigations linked to terrorist offences which affect or may affect two or more Member States and send it to Europol 5 . Member States must also collect all relevant information concerning prosecutions and convictions for terrorist offences , which affect or may affect two or more Member States and send it to Eurojust. Each Member State must also make available all relevant information gathered by its competent authorities in criminal proceedings connected with terrorist offences. This information must be swiftly made available to the competent authorities of another Member State where the information could be used to prevent, detect, investigate or prosecute terrorist offences. Since 2005, the importance of sharing information between Member States and with Europol and Eurojust has only become more evident. Directive (EU) 2017/541 on combating terrorism 6 amended Council Decision 2005/671/JHA, to ensure that information is shared between Member States in an effective and timely manner, taking into account the serious threat posed by terrorist offences. Recital 7 of Council Decision 2005/671/JHA acknowledges that the Decision complies with fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. Article 8 of the Charter of Fundamental Rights of the European Union enshrines the protection of personal data as a fundamental right. Article 16(1) of the Treaty on the Functioning of the European Union (TFEU) also establishes the principle that everyone has the right to the protection of personal data concerning them. Moreover, Article 16(2) TFEU introduced a specific legal basis for adopting rules on the protection of personal data. Union rules on data protection have developed since the adoption of Council Decision 2005/671/JHA. Notably, as mentioned above, based on Article 16(2) of the TFEU, the European Parliament and the Council adopted the LED, which entered into force on 6 May 2016. The LED is a comprehensive horizontal data protection instrument. Importantly, it applies to all processing operations carried out by competent authorities for law enforcement purposes (both domestic and cross-border processing). 1.2. Objective of the proposal The proposal aims at aligning Council Decision 2005/671/JHA with the principles and rules laid down in the LED, in order to ensure consistent approach to protection afforded to persons regarding the processing of personal data. According to the Commission’s Communication of 24 June 2020, the alignment of Decision 2005/671/JHA should address the following: · Specify that the processing of personal data under Council Decision 2005/671/JHA can only take place for the prevention, investigation, detection and prosecution of terrorist offences, in line with the purpose limitation principle; · The categories of personal data that can be exchanged should be defined more precisely by Union or Member State law, in line with the requirements under Article 8(2) of the LED, taking due account of the operational needs of the authorities concerned. 
Revised version (Article 1 Definitions):
For the purposes of this Decision, the following definitions shall apply: (a) ‘terrorist offences’: the offences referred to in Directive (EU) 2017/541 of the European Parliament and of the Council ( 1 ); (d) ‘group or entity’: terrorist group as defined in Article 2, point (3), of Directive (EU) 2017/541 and the groups and entities listed in the Annex to Council Common Position 2001/931/CFSP ( 2 ).
Article 2 Provision of information concerning terrorist offences to Eurojust, Europol and the Member States
1. Each Member State shall designate a specialised service within its police services or other law enforcement authorities, which, in accordance with national law, will have access to and collect all relevant information concerning and resulting from criminal investigations conducted by its law enforcement authorities with respect to terrorist offences and send it to Europol in accordance with paragraphs 3 and 4. 2. Each Member State shall designate one, or where its legal system so provides more than one authority, as Eurojust national correspondent for terrorism matters or an appropriate judicial or other competent authority which, in accordance with national law, shall have access to and can collect all relevant information concerning prosecutions and convictions for terrorist offences and send it to Eurojust in accordance with paragraph 5. 3. Each Member State shall take the necessary measures to ensure that at least the information referred to in paragraph 4 concerning criminal investigations and the information referred to in paragraph 5 concerning prosecutions and convictions for terrorist offences which affect or may affect two or more Member States, gathered by the relevant authority, is transmitted to: (a) Europol, in accordance with national law and with the provisions of the Europol Convention, for processing; and (b) Eurojust, in accordance with national law and where the provisions of the Eurojust Decision so allow. 6. Each Member State shall take the necessary measures to ensure that relevant information gathered by its competent authorities in the framework of criminal proceedings in connection with terrorist offences is made accessible as soon as possible to the competent authorities of another Member State where the information could be used in the prevention, detection, investigation or prosecution of terrorist offences as referred to in Directive (EU) 2017/541, in that Member State, either upon request or spontaneously, and in accordance with national law and relevant international legal instruments. 7. Paragraph 6 is not applicable where the sharing of information would jeopardise current investigations or the safety of an individual, nor when it would be contrary to essential interests of the security of the Member State concerned. 8. Member States shall take the necessary measures to ensure that their competent authorities take, upon receiving the information referred to in paragraph 6, timely measures in accordance with national law, as appropriate.
Amendment rationale: EXPLANATORY MEMORANDUM 1. Reasons for and objectives of the proposal 1.1. Reasons for the proposal Directive (EU) 2016/680 1 (the Data Protection Law Enforcement Directive – LED) entered into force on 6 May 2016 and Member States had until 6 May 2018 to turn it into national law. It repealed and replaced Council Framework Decision 2008/977/JHA 2 . Its scope is very comprehensive, as it is the first instrument that takes a comprehensive approach for data processing in law enforcement. It applies to both domestic and cross-border processing of personal data by competent authorities to prevent, investigate, detect or prosecute criminal offences and execute criminal penalties, including safeguarding against and preventing threats to public se curity. Article 62(6) of the LED requires the Commission to review, by 6 May 2019, other EU legal acts that regulate competent authorities’ personal data processing for law enforcement purposes. The purpose of this review is to assess the need to align them with the LED and to submit proposals for amending them to ensure consistency with data protection within the scope of the LED. The Commission set out the findings of its review in its Communication on the way forward on aligning the former third pillar body of EU law with data protection rules (24 June 2020) 3 , which identifies the legal acts that should be aligned with the LED. The list includes Council Decision 2005/671/JHA so the Commission indicated that it would put forward targeted amendments. Under Article 6 of the LED, Member States must ensure that competent authorities make a clear distinction between the personal data of different categories of data subjects, including: · persons where there are serious grounds for believing that they have committed or are about to commit a criminal offence; · persons convicted of a criminal offence; · victims of a criminal offence or other parties to a criminal offence. Under Article 8(1) of the LED, Member States must ensure that processing is lawful. This means that a competent authority can only process personal data to the extent necessary for the performance of a task set out in the LED. Article 8(2) of the LED requires that national law regulating processing data under the scope of the LED must state at least the objectives of processing, the personal data to be processed and the purposes of the processing. To combat terrorism effectively, efficient exchange of information considered to be relevant by the competent authorities for the prevention, detection, investigation or prosecution of terrorist offences between competent authorities and Union agencies, is crucial. Such information exchange must be carried out in full respect of the right to data protection and in line with the conditions set by the LED. Council Decision 2005/671/JHA of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences 4 states that to combat terrorism, it is essential to have the most complete and up to date information possible. The persistence and complexity of the terrorist threat gives rise for more information sharing. Against this background, Council Decision 2005/671/JHA provides that Member States must collect all relevant information concerning and resulting from criminal investigations linked to terrorist offences which affect or may affect two or more Member States and send it to Europol 5 . Member States must also collect all relevant information concerning prosecutions and convictions for terrorist offences , which affect or may affect two or more Member States and send it to Eurojust. Each Member State must also make available all relevant information gathered by its competent authorities in criminal proceedings connected with terrorist offences. This information must be swiftly made available to the competent authorities of another Member State where the information could be used to prevent, detect, investigate or prosecute terrorist offences. Since 2005, the importance of sharing information between Member States and with Europol and Eurojust has only become more evident. Directive (EU) 2017/541 on combating terrorism 6 amended Council Decision 2005/671/JHA, to ensure that information is shared between Member States in an effective and timely manner, taking into account the serious threat posed by terrorist offences. Recital 7 of Council Decision 2005/671/JHA acknowledges that the Decision complies with fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. Article 8 of the Charter of Fundamental Rights of the European Union enshrines the protection of personal data as a fundamental right. Article 16(1) of the Treaty on the Functioning of the European Union (TFEU) also establishes the principle that everyone has the right to the protection of personal data concerning them. Moreover, Article 16(2) TFEU introduced a specific legal basis for adopting rules on the protection of personal data. Union rules on data protection have developed since the adoption of Council Decision 2005/671/JHA. Notably, as mentioned above, based on Article 16(2) of the TFEU, the European Parliament and the Council adopted the LED, which entered into force on 6 May 2016. The LED is a comprehensive horizontal data protection instrument. Importantly, it applies to all processing operations carried out by competent authorities for law enforcement purposes (both domestic and cross-border processing). 1.2. Objective of the proposal The proposal aims at aligning Council Decision 2005/671/JHA with the principles and rules laid down in the LED, in order to ensure consistent approach to protection afforded to persons regarding the processing of personal data. According to the Commission’s Communication of 24 June 2020, the alignment of Decision 2005/671/JHA should address the following: · Specify that the processing of personal data under Council Decision 2005/671/JHA can only take place for the prevention, investigation, detection and prosecution of terrorist offences, in line with the purpose limitation principle; · The categories of personal data that can be exchanged should be defined more precisely by Union or Member State law, in line with the requirements under Article 8(2) of the LED, taking due account of the operational needs of the authorities concerned. 
Revised version (Article 2 Provision of information concerning terrorist offences to Europol and the Member States):
1. Each Member State shall designate a specialised service within its police services or other law enforcement authorities, which, in accordance with national law, will have access to and collect all relevant information concerning and resulting from criminal investigations conducted by its law enforcement authorities with respect to terrorist offences and send it to Europol in accordance with paragraphs 3 and 4. 3. Each Member State shall take the necessary measures to ensure that at least the information referred to in paragraph 4 concerning criminal investigations for terrorist offences which affect or may affect two or more Member States, gathered by the relevant authority, is transmitted to Europol, in accordance with national law and with Regulation (EU) 2016/794 of the European Parliament and of the Council ( 3 ). 3a. Each Member State shall ensure that personal data are processed pursuant to paragraph 3 of this Article only for the purposes of the prevention, investigation, detection or prosecution of terrorist offences and other criminal offences for which Europol is competent, as listed in Annex I of Regulation (EU) 2016/794. Such processing shall be without prejudice to the limitations applicable to the processing of data under Regulation (EU) 2016/794. The categories of personal data to be transmitted to Europol for the purposes referred to in paragraph 3a shall remain limited to those referred to in Section B, point 2, of Annex II to Regulation (EU) 2016/794. 6. Each Member State shall take the necessary measures to ensure that relevant information gathered by its competent authorities in the framework of criminal proceedings in connection with terrorist offences is made accessible as soon as possible to the competent authorities of another Member State where the information could be used in the prevention, detection, investigation or prosecution of terrorist offences as referred to in Directive (EU) 2017/541, in that Member State, either upon request or spontaneously, and in accordance with national law and relevant international legal instruments. The categories of personal data that may be exchanged between Member States for the purposes referred to in the first subparagraph shall remain limited to those referred to in Section B, point 2, of Annex II to Regulation (EU) 2016/794. 7. Paragraph 6 is not applicable where the sharing of information would jeopardise current investigations or the safety of an individual, nor when it would be contrary to essential interests of the security of the Member State concerned. 8. Member States shall take the necessary measures to ensure that their competent authorities take, upon receiving the information referred to in paragraph 6, timely measures in accordance with national law, as appropriate.
Article 3 Joint investigation teams
In appropriate cases Member States shall take the necessary measures to set up joint investigation teams to conduct criminal investigations into terrorist offences.
Article 4 Requests for judicial assistance and enforcement of judgments
Each Member State shall take the necessary measures to ensure that requests from other Member States for mutual legal assistance and recognition and enforcement of judgments in connection with terrorist offences are dealt with as a matter of urgency and are given priority.
Article 6 Implementation
Member States shall take the necessary measures to comply with the provisions of this Decision at the latest by 30 June 2006.
Article 7 Territorial Application
This Decision shall apply to Gibraltar.
Article 8 Entry into force
This Decision shall take effect on the day following its publication in the Official Journal of the European Union .