natgillin/translations-raw huggingface dataset:
„Без да се засяга параграф 3, изпращането на лични данни от Евроюст до юридически лица съгласно параграф 1, буква б) и до органите съгласно параграф 1, буква в) на трети държави, които не са предмет на Конвенцията на Съвета на Европа от 28 януари 1981 г., може да се изпълняват само когато е осигурено адекватно ниво на защита на данните , за което се дава оценка съгласно член 28, параграф 3 от Процедурния правилник за обработването и защитата на личните данни в Евроюст .“
" Without prejudice to paragraph 3 , the transmission of personal data by Eurojust to the entities referred to in paragraph 1(b) and to the authorities referred to in paragraph 1(c) of third States which are not subject to the Council of Europe Convention of 28 January 1981 may be effected only when an adequate level of data protection is ensured which is assessed in accordance with Article 28 (3) of Rules of P rocedure on the processing and protection of personal data at Eurojust . "
It is important to clarify how adequacy of data protection level could be assessed and not to leave to third parties and organisations to decide upon that on a case-by-base basis.
It is important to clarify how adequacy of data protection level could be assessed and not to leave to third parties and organisations to decide upon that on a case-by-base basis.
In this respect a reference to Eurojust Rules of procedure on the processing and protection of personal data should be made.
In this respect a reference to Eurojust Rules of procedure on the processing and protection of personal data should be made.
Член 1 – точка 19 б (нова)
Article 1 – point 19 b (new)
Член 27 – параграф 5 а (нов)
Article 27 – paragraph 5 a (new)
19б) В член 27, след параграф 5 се добавя следният параграф:
19b) in Article 27 the following paragraph shall be inserted after paragraph 5 :
Веднъж на всеки две години Съвместният надзорен орган, заедно със съответната трета държава или юридическото лице съгласно параграф 1, букви б) и в), извършва оценка на изпълнението на разпоредбите на съответното споразумение за сътрудничество във връзка със защитата на данните, които се обменят.
Once every two years the Joint Supervisory Body , together with the respective third State or entity referred to in paragraph 1(b) and (c) , shall evaluate the implementation of the provisions of the relevant cooperation agreement relating to the protection of the data exchanged .
Докладът относно оценката се изпраща до Европейския парламент, до Съвета и до Комисията.“
The report on this evaluation shall be sent to the European Parliament, the Council and the Commission. "
Despite the fact that there are data protection provisions included in cooperation agreements with partners, it is not yet clear what happens afterwards to the information transmitted to partners (international organisations and bodies and third countries).
Despite the fact that there are data protection provisions included in cooperation agreements with partners, it is not yet clear what happens afterwards to the information transmitted to partners (international organisations and bodies and third countries).
Therefore, the aim of the Amendment is to ensure that once in two years evaluation is done.
Therefore, the aim of the Amendment is to ensure that once in two years evaluation is done.
This is the minimum that Eurojust can do to ensure that its own standards on data protection would be respected by its partners.
This is the minimum that Eurojust can do to ensure that its own standards on data protection would be respected by its partners.
Член 1 – точка 22 – тире 1 а (ново)
Article 1 – point 22 – indent 1 a (new)
Член 32 – параграф 1 – алинея 1
Article 32 – paragraph 1 – subparagraph 1
– в параграф 1, алинея първа се заменя със следния текст:
– the first subparagraph of paragraph 1 shall be replaced by the following :
„Председателят, от името на колегиалния орган, всяка година докладва писмено на Европейския парламент и на Съвета относно дейностите и управлението, включително управлението на бюджета на Евроюст.“
" The President, on behalf of the College, shall report every year to the European Parliament and the Council in writing [...] on the activities and management, including budgetary management, of Eurojust. "
It is important to give possibility to MEPs to debate on activities of Eurojust, including putting questions to the President of Eurojust.
It is important to give possibility to MEPs to debate on activities of Eurojust, including putting questions to the President of Eurojust.
Therefore, it should be pointed out that the Eurojust report should be presented to the European Parliament (not only sent in writing).
Therefore, it should be pointed out that the Eurojust report should be presented to the European Parliament (not only sent in writing).
Член 1 – точка 22 – тире 1 б (ново)
Article 1 – point 22 – indent 1 b (new)
Член 32 – параграф 1 – алинея 2
Article 32 – paragraph 1 – subparagraph 2
– в параграф 1, алинея втора се заменя със следния текст:
– the second subparagraph of paragraph 1 shall be replaced by the following :
„За тази цел колегиалният орган подготвя годишен доклад относно дейностите на Евроюст и относно всякакви проблеми на политиката по престъпността в рамките на Съюза, подчертана като резултат от дейностите на Евроюст.
" To that end, the College shall prepare an annual report on the activities of Eurojust and on any criminal policy problems within the Union highlighted as a result of Eurojust's activities.
В този доклад Евроюст включва също анализи на случаи, в които национални членове са използвали правомощията, посочени в член 5а, параграф 3 и член 9а, параграф 3.
In that report, Eurojust shall also include analyses of situations when national members have used their powers as referred to in Article 5a ( 3 ) and in Article 9a ( 3 ) .
Този доклад може също да отправя предложения за подобряване на съдебното сътрудничество по наказателноправни въпроси.“
The report may also make proposals for the improvement of judicial cooperation in criminal matters. "
The task of Eurojust is to coordinate cooperation of national competent authorities.
The task of Eurojust is to coordinate cooperation of national competent authorities.
Only in urgent cases it is acceptable that national members of Eurojust exercise their judicial powers.
Only in urgent cases it is acceptable that national members of Eurojust exercise their judicial powers.
Therefore, it is important to reflect the data in annual report how often and why national members have used their judicial power (why they could not identify competent national authority in timely manner).
Therefore, it is important to reflect the data in annual report how often and why national members have used their judicial power (why they could not identify competent national authority in timely manner).
Член 1 – точка 22 – тире 1 в (ново)
Article 1 – point 22 – indent 1 c (new)
– параграф 2 се заменя със следното:
– paragraph 2 shall be replaced by the following :
Всяка година представителят на Съвместния надзорен орган изпраща доклад до Европейския парламент относно дейностите [...] на органа .“
Each year the representative of the Joint Supervisory Body shall report to the European Parliament on its activities [...] . "
Activities of Eurojust imply a big amount of data processed.
Activities of Eurojust imply a big amount of data processed.
Therefore, it is of utmost importance to ensure that personal data is protected.
Therefore, it is of utmost importance to ensure that personal data is protected.
The Joint Supervisory Body is a body which is responsible for ensuring that the processing of personal data is carried out in accordance with Eurojust data protection rules.
The Joint Supervisory Body is a body which is responsible for ensuring that the processing of personal data is carried out in accordance with Eurojust data protection rules.
In order to guarantee effective democratic control, the European Parliament should be fully informed about activities of the Joint Supervisory Body.
In order to guarantee effective democratic control, the European Parliament should be fully informed about activities of the Joint Supervisory Body.
Член 1 – точка 26
Article 1 – point 26
Член 42 – параграф 2
Article 42 – paragraph 2
Комисията редовно прави преглед на прилагането от държавите-членки на настоящото решение и представя на Съвета съответен доклад, придружен по целесъобразност с необходимите предложения за подобряване на съдебното сътрудничество и на функционирането на Евроюст.
The Commission shall at regular intervals examine the implementation by the Member States of this Decision and shall submit a report thereon to the Council together with, if appropriate, necessary proposals to improve judicial cooperation and the functioning of Eurojust.
Това се отнася особено до способностите на Евроюст да подкрепя държавите-членки в борбата срещу тероризма.
This shall in particular apply to Eurojust's capacities to support Member States in fighting terrorism
Комисията редовно прави преглед на прилагането от държавите-членки на настоящото решение и представя на Европейския парламент и на Съвета съответен доклад, придружен по целесъобразност с необходимите предложения за подобряване на съдебното сътрудничество и на функционирането на Евроюст.
The Commission shall at regular intervals examine the implementation by the Member States of this Decision and shall submit a report thereon to the European Parliament and the Council together with, if appropriate, necessary proposals to improve judicial cooperation and the functioning of Eurojust.
Even if the European Parliament is only consulted (at the moment before the entry into force of Lisbon Treaty), it is important to provide the Parliament with information in order to enable it to effectively supervise democratic control over EU institutions and bodies.
Even if the European Parliament is only consulted (at the moment before the entry into force of Lisbon Treaty), it is important to provide the Parliament with information in order to enable it to effectively supervise democratic control over EU institutions and bodies.
After 5 years of being in operation, Eurojust has proven its necessity in the field of judicial cooperation on criminal matters.
After 5 years of being in operation, Eurojust has proven its necessity in the field of judicial cooperation on criminal matters.
However, taking into account increase of mobility, globalisation effects on cross-border crimes, as well as changes in the way judicial cooperation is taking place, it is the moment where there is a need to modify Eurojust Decision which was adopted in 2002.
However, taking into account increase of mobility, globalisation effects on cross-border crimes, as well as changes in the way judicial cooperation is taking place, it is the moment where there is a need to modify Eurojust Decision which was adopted in 2002.
In this regard 14 Member States have come with an initiative for amending the Eurojust Decision of 28 February 2002.
In this regard 14 Member States have come with an initiative for amending the Eurojust Decision of 28 February 2002.
The main objective of the proposal is to reinforce the role and capacities of Eurojust.
The main objective of the proposal is to reinforce the role and capacities of Eurojust.
It should be emphasized that the proposal broadly reflects (or formalises) current practices already existing at Eurojust.
It should be emphasized that the proposal broadly reflects (or formalises) current practices already existing at Eurojust.
I Main points of the proposal:
I Main points of the proposal:
Establishment of emergency cell for coordination
Establishment of emergency cell for coordination
The role of Eurojust as a coordination unit demands availability for 24/7.
The role of Eurojust as a coordination unit demands availability for 24/7.
In order to meet this requirement, it is proposed to establish an emergency unit which should be available on permanent basis.
In order to meet this requirement, it is proposed to establish an emergency unit which should be available on permanent basis.
The main task of this cell is to mobilise members of Eurojust at all times.
The main task of this cell is to mobilise members of Eurojust at all times.
Increase of tasks of Eurojust acting as a College
Increase of tasks of Eurojust acting as a College
It is proposed to extend formal intervention of College to various deadlock situations in which the national authorities concerned or the national members cannot reach agreement.
It is proposed to extend formal intervention of College to various deadlock situations in which the national authorities concerned or the national members cannot reach agreement.
Creation of common basis of equivalent judicial powers for national members.
Creation of common basis of equivalent judicial powers for national members.
This is one of the most important issues in the proposal.
This is one of the most important issues in the proposal.
It is crucial for efficient operation of Eurojust to have minimum common basis of equivalent judicial powers for all national members when they are acting as a national authority of its Member State.
It is crucial for efficient operation of Eurojust to have minimum common basis of equivalent judicial powers for all national members when they are acting as a national authority of its Member State.
Establishment of Eurojust national coordination system
Establishment of Eurojust national coordination system
It is proposed to set up Eurojust national coordination system in each Member State in order to create a link at national level between Eurojust, the European Judicial Network and various European networks active in this field.
It is proposed to set up Eurojust national coordination system in each Member State in order to create a link at national level between Eurojust, the European Judicial Network and various European networks active in this field.
Timely and structured information is crucial for efficient work of Eurojust.
Timely and structured information is crucial for efficient work of Eurojust.
Therefore, another task of Eurojust national coordination system is to make it easier at national level to supply Eurojust with information on criminal investigations.
Therefore, another task of Eurojust national coordination system is to make it easier at national level to supply Eurojust with information on criminal investigations.
Reinforcement of transmission of information
Reinforcement of transmission of information
As it was mentioned in the previous point, timely and structured information is basis for efficient operation of Eurojust.
As it was mentioned in the previous point, timely and structured information is basis for efficient operation of Eurojust.
Current situation does not oblige national authorities to transmit information to Eurojust on their own initiative.
Current situation does not oblige national authorities to transmit information to Eurojust on their own initiative.
Therefore, now it is proposed to have a general obligation to pass information to Eurojust which is necessary for the performance of Eurojust´s functions.
Therefore, now it is proposed to have a general obligation to pass information to Eurojust which is necessary for the performance of Eurojust´s functions.
Requirement is inserted in the proposal to have procedures at national level to supervise compliance with this obligation.
Requirement is inserted in the proposal to have procedures at national level to supervise compliance with this obligation.
Relations with European Judicial Network.
Relations with European Judicial Network.
It is proposed to maintain the two structures and to improve their relationship based on the principle of cooperation and complementarity.
It is proposed to maintain the two structures and to improve their relationship based on the principle of cooperation and complementarity.
The proposal reinforces EJN´s budgetary position, it contains also obligation to exchange information.
The proposal reinforces EJN´s budgetary position, it contains also obligation to exchange information.
Moreover, creation of Eurojust national coordination system would facilitate collaboration and direct the national authorities towards either Eurojust or the EJN depending on the specific characteristics of the respective case.
Moreover, creation of Eurojust national coordination system would facilitate collaboration and direct the national authorities towards either Eurojust or the EJN depending on the specific characteristics of the respective case.
Clarifies and reinforces Eurojust relations with other partners
Clarifies and reinforces Eurojust relations with other partners
The proposal strengthens relations with Europol and the EJN and creates links with other European agencies and international agencies, such as FRONTEX, SitCEN, Interpol and World Customs Organisation.
The proposal strengthens relations with Europol and the EJN and creates links with other European agencies and international agencies, such as FRONTEX, SitCEN, Interpol and World Customs Organisation.
Cooperation with third countries
Cooperation with third countries
The proposal reinforces the role of Eurojust towards third countries by introducing a new element, that is to say, the possibility for Eurojust to second liaison magistrates to countries with which it is developing specific cooperation.
The proposal reinforces the role of Eurojust towards third countries by introducing a new element, that is to say, the possibility for Eurojust to second liaison magistrates to countries with which it is developing specific cooperation.
Another new element is the possibility for Eurojust to execute requests received from third countries directly.
Another new element is the possibility for Eurojust to execute requests received from third countries directly.
However, this is possible only if relevant international rules provide for that.
However, this is possible only if relevant international rules provide for that.
Currently there is no such a possibility.
Currently there is no such a possibility.
II Rapporteur´s position
II Rapporteur´s position
The rappporteur supports the necessity and the aim of the proposal to reinforce the role and capacities of Eurojust.
The rappporteur supports the necessity and the aim of the proposal to reinforce the role and capacities of Eurojust.
However, there are several issues that should be thoroughly examined and addressed in order to properly balance the powers of Eurojust and of the national members in one hand, and the right to defence and to a fair trial of the defendants in the other hand.
However, there are several issues that should be thoroughly examined and addressed in order to properly balance the powers of Eurojust and of the national members in one hand, and the right to defence and to a fair trial of the defendants in the other hand.
According to the rapporteur, it is of utmost importance to ensure an adequate level of personal data protection in activities of Eurojust.
According to the rapporteur, it is of utmost importance to ensure an adequate level of personal data protection in activities of Eurojust.
The rapporteur is aware of a strong data protection system established at Eurojust.
The rapporteur is aware of a strong data protection system established at Eurojust.
However, Eurojust in its operation deals with great amount of personal data.
However, Eurojust in its operation deals with great amount of personal data.
Therefore reinforced attention should be paid to issues of data protection.
Therefore reinforced attention should be paid to issues of data protection.
Several amendments propose additional safeguards to data protection at Eurojust.
Several amendments propose additional safeguards to data protection at Eurojust.
It is important to maintain closed lists of data (on persons who are the subjects of a criminal investigation) and data which should be allowed being processed by Eurojust.
It is important to maintain closed lists of data (on persons who are the subjects of a criminal investigation) and data which should be allowed being processed by Eurojust.
Furthermore, the rapporteur is concerned about data transmitted to third countries and international organisations.
Furthermore, the rapporteur is concerned about data transmitted to third countries and international organisations.
Despite the fact that data can be transmitted only on the basis of agreements signed by both parties which are checked by data protection specialists, it is not known what is happening in reality with this data when they are transmitted and if relevant agreements are really or adequately implemented.
Despite the fact that data can be transmitted only on the basis of agreements signed by both parties which are checked by data protection specialists, it is not known what is happening in reality with this data when they are transmitted and if relevant agreements are really or adequately implemented.
Therefore, the rapporteur proposes to introduce an evaluation mechanism.
Therefore, the rapporteur proposes to introduce an evaluation mechanism.
The rapporteur supports creation of common basis of equivalent judicial powers for national members.
The rapporteur supports creation of common basis of equivalent judicial powers for national members.
However, it should be emphasized that the basic role of the Eurojust is to coordinate judicial cooperation.
However, it should be emphasized that the basic role of the Eurojust is to coordinate judicial cooperation.
Therefore, there are several amendments introduced which deal with situations when national members have used their judicial powers in urgent cases.
Therefore, there are several amendments introduced which deal with situations when national members have used their judicial powers in urgent cases.
In order not to make abuse of their powers, it is proposed to introduce a system of after-reporting where it should be explained why a national member could not identify a competent national authority in timely manner.
In order not to make abuse of their powers, it is proposed to introduce a system of after-reporting where it should be explained why a national member could not identify a competent national authority in timely manner.
This data should be also included in annual reports of Eurojust.
This data should be also included in annual reports of Eurojust.
Moreover, according to the rapporteur, it is not possible that a national member in general cannot identify a competent authority.
Moreover, according to the rapporteur, it is not possible that a national member in general cannot identify a competent authority.
Therefore, this ground for giving national members competence to act in urgent cases should be deleted.
Therefore, this ground for giving national members competence to act in urgent cases should be deleted.
Several amendments are proposed to increase a level of protection of procedural rights, such as right to defence, right to be informed and right to judicial redress.
Several amendments are proposed to increase a level of protection of procedural rights, such as right to defence, right to be informed and right to judicial redress.
The rapporteur is also concerned with the fact that there is no reference to the European Parliament in the Council’s amendments, although in the future, as the Lisbon Treaty specifically refers to in Article 69h, the Parliament will have co-decision powers on this matter and will play an important supervisory role on Eurojust activity.
The rapporteur is also concerned with the fact that there is no reference to the European Parliament in the Council’s amendments, although in the future, as the Lisbon Treaty specifically refers to in Article 69h, the Parliament will have co-decision powers on this matter and will play an important supervisory role on Eurojust activity.
Therefore, the rapporteur considers that even at this stage, before the entry into force of the Lisbon Treaty, the role of the European Parliament should increased in controlling activities of Eurojust.
Therefore, the rapporteur considers that even at this stage, before the entry into force of the Lisbon Treaty, the role of the European Parliament should increased in controlling activities of Eurojust.