REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2018/1727 of the European Parliament and the Council and Council Decision 2005/671/JHA, as regards the digital information exchange in terrorism cases

Text proposed by the Commission

Amendment

(7) To combat terrorism effectively, efficient exchange of information for investigation or prosecution of terrorist offences between competent authorities and Union agencies is crucial. It is essential to have the most complete and updated information possible. The persistence of the terrorist threat and the complexity of the phenomenon raise the need for an ever greater exchange of information.

(7) To combat terrorism effectively, efficient exchange of information for investigation or prosecution of terrorist offences between competent authorities and Union agencies is crucial. It is essential to have the most complete, structured, updated and organised information possible and to systematically share that information using a common structure.

Text proposed by the Commission

Amendment

(8) As terrorist organisations are increasingly involved in other forms of serious crimes, such as trafficking in human beings, drug trafficking or money laundering, it is also necessary to cross-check judicial proceedings against such serious crimes.

(8) As terrorist organisations are increasingly involved in other forms of serious and organised crime, such as trafficking in human beings, drug trafficking, financial crime or money laundering, it is also necessary to cross-check judicial proceedings against such serious crimes.

Text proposed by the Commission

Amendment

(9) In order to enable Eurojust to identify cross-links between cross-border judicial proceedings against suspects of terrorist offences as well as cross-links between judicial proceedings against suspects of terrorist offences and information processed at Eurojust relating to other cases of serious crimes, it is essential that Eurojust receives sufficient information to enable Eurojust to cross-check this data.

(9) In order to enable Eurojust to identify cross-links between cross-border judicial proceedings against suspects of terrorist offences as well as cross-links between judicial proceedings against suspects of terrorist offences and information processed at Eurojust relating to other cases of serious crimes, it is essential that Eurojust receives from the competent authorities without delay at the earliest possible stage the information that is necessary to enable Eurojust to cross-check this data and to identify those cross-links.

Text proposed by the Commission

Amendment

(10) The competent authorities need to know exactly what kind of information they have to transmit to Eurojust, at what stage of the national proceedings and in which cases, in order to provide such data. This is expected to increase the information Eurojust receives significantly.

(10) The competent authorities need to know exactly what kind of information they have to transmit to Eurojust, at what stage of the national criminal proceedings and in which cases, in order to provide such data. The competent national authorities should transmit information to Eurojust in a semi-automated manner and in a structured way. A semi-automated manner is one in which the mode used to transmit information is partly automated and partly controlled by a human. This is expected to significantly increase the quality and relevance of the information Eurojust receives.

Text proposed by the Commission

Amendment

(10a) The introduction of new powers to share, store and cross-check data will significantly increase the amount of data processed at Eurojust. Therefore, additional financial, human and technical resources should be provided for.

Text proposed by the Commission

Amendment

(12) For the identification of cross-links between terrorism investigations and judicial proceedings against suspects of terrorist offences, reliable identification data is crucial. Due to the uncertainties regarding alphanumerical data especially for third country nationals, it should be possible to exchange biometric data. Due to the sensitive nature of biometric data and the impact processing of biometric data has on the respect for private and family life and the protection of personal data, as enshrined in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, a strict necessity test should be applied by the competent authorities and Eurojust in each case.

(12) The exchange of reliable identification data is crucial for the identification of cross-links between terrorism investigations and judicial proceedings against suspects of terrorist offences, as well as to possess, store and exchange a set of data that ensures that individuals that are subject to such terrorism investigations or judicial proceedings can reliably be identified. The use of biometric data is therefore vital due to the uncertainties regarding alphanumerical data, especially for third country nationals, due to the fact that suspects sometimes use fake and double identities, and due to the fact that such data are often the only link to suspects in the investigative phase. Therefore, where, under national law on criminal proceedings or on procedural rights in criminal proceedings, the competent national authorities store and collect biometric data and are permitted to transmit them, they should exchange such data with Eurojust. Due to the sensitive nature of biometric data and the impact processing of biometric data has on the respect for private and family life and the protection of personal data, as enshrined in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, such data should be transmitted in a way that strictly complies with the principles of necessity, proportionality and purpose limitation and only for the purpose of identifying individuals that are subject to criminal proceedings related to terrorism offences.

Text proposed by the Commission

Amendment

(13) As information about existing cross-links to other judicial proceedings is most useful at an early stage of the investigation, it is necessary that the competent authorities provide information to Eurojust as soon as judicial authorities are involved. If the competent national authorities are already aware of cross-links, they should inform Eurojust accordingly.

(13) As information about existing cross-links to other judicial proceedings is most useful at an early stage of the investigation, it is necessary that the competent authorities provide information to Eurojust as soon as the case is referred to a judicial authority in accordance with national law. A case should be considered to have been referred to a judicial authority where, for instance, the judicial authority is informed of an ongoing investigation, approves or orders an investigation measure, or decides to prosecute, depending on the applicable national law. If the competent national authorities are already aware of cross-links between criminal proceedings, they should inform Eurojust accordingly .

Text proposed by the Commission

Amendment

(14) In order to ensure the accuracy of the data in the European Judicial Counter-Terrorism Register, to identify cross-links early and to ensure time limits are respected, the competent national authorities should update the information provided regularly. Such updates should include new information relating to the person under investigation, judicial decisions such as pre-trial detention or opening of the court proceedings and judicial cooperation requests or identified links with other jurisdictions.

(14) In order to ensure the accuracy of the data in the European Judicial Counter-Terrorism Register, to identify cross-links or clear suspects as early as possible in an investigation and to ensure time limits are respected, the competent national authorities should provide updated information whenever it emerges. Such updates should include new information relating to the person under investigation, developments in the proceedings and judicial decisions such as pre-trial detention or opening of the court proceedings and judicial cooperation requests or identified links with other jurisdictions as well as not guilty verdicts and acquittals.

Text proposed by the Commission

Amendment

(15) Given the sensitive nature of judicial proceedings against suspects of terrorist offences, it is not always possible for the competent national authorities to share the information on terrorist offences at the earliest stage. Such derogations from the obligation to provide information should remain an exception.

(15) The competent national authorities should not be obliged to share information on terrorist offences with Eurojust at the earliest stage where it would jeopardise ongoing investigations or the safety of an individual or where it would be contrary to essential interests of the security of the Member State concerned. Such derogations from the obligation to provide information should only be applied in exceptional circumstances and on a case-by-case basis. When considering whether or not to derogate from that obligation, due account should be taken of the fact that Eurojust treats the information provided by national authorities in compliance with Union law on data protection while also considering the confidentiality of the judicial proceedings.

Text proposed by the Commission

Amendment

(16) For the purposes of exchanging and processing sensitive data between competent national authorities and Eurojust for protecting such data against unauthorised disclosure and cyber attacks, and without prejudice to future technological developments, secure communication channels, such as the secure communication connections referred to in Article 9 of Council Decision 2008/976/JHA35 or the decentralised IT system as defined in Regulation (EU) […/…] of the European Parliament and of the Council36 [Regulation on the digitalisation of judicial cooperation] should be used. In order to exchange data securely and protect the integrity of the communication and data exchange, the case management system should be connected to such secure communication systems and meet high cybersecurity standards.

(16) For the purposes of exchanging and processing sensitive data between competent national authorities and Eurojust for protecting such data against unauthorised disclosure and cyber attacks, and without prejudice to future technological developments, secure communication channels, such as the secure communication connections referred to in Article 9 of Council Decision 2008/976/JHA or the decentralised IT system as defined in Regulation (EU) […/…] of the European Parliament and of the Council [Regulation on the digitalisation of judicial cooperation] should be used.

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35 Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network (OJ L 348, 24.12.2008, p. 130).

35 Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network (OJ L 348, 24.12.2008, p. 130).

36 Regulation (EU) […/…] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in civil, commercial and criminal law cases (OJ L…).

36 Regulation (EU) […/…] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in civil, commercial and criminal law cases (OJ L…).

Text proposed by the Commission

Amendment

(16a) In order to exchange data securely and protect the integrity of the communication and data exchange, the case management system should be connected to secure communication channels, such as the secure communication connections referred to in Article 9 of Council Decision 2008/976/JHA or the decentralised IT system as defined in Regulation (EU) […/…] of the European Parliament and of the Council [Regulation on the digitalisation of judicial cooperation], and should meet high cybersecurity standards. Such secure communication channels may also be used to connect the case management system with other EU information systems to the extent that the legal acts establishing those systems provide for access by Eurojust.

Text proposed by the Commission

Amendment

(19) A modernized case management system is necessary for Eurojust to process the sensitive personal data securely. The new system needs to integrate and enable the functionalities of the European Judicial Counter-Terrorism Register and improve the capacities of Eurojust regarding link detection.

(19) A modernized case management system is necessary for Eurojust to process the sensitive personal data securely. The new system needs to integrate and enable the functionalities of the European Judicial Counter-Terrorism Register and improve the capacities of Eurojust regarding the detection of cross-links while taking, as a rule, full advantage of mechanisms for comparing biometric data which already exist and are already in place at national and Union level.

Text proposed by the Commission

Amendment

(21) Terrorist activities often affect two or more Member States. Terrorism already had a strong transnational component in the past. However, with the use and availability of electronic communication, transnational collaboration between terrorist offenders has increased significantly. Therefore, terrorist offences should be considered per se transnational in their nature, if the specific circumstances of the case do not clearly indicate a purely national character.

(21) Present-day terrorism and serious and organised crime are very dynamic and globalised phenomena, often affecting two or more Member States. Terrorism already had a strong transnational component in the past. However, with the use and availability of electronic communication, transnational collaboration between terrorist offenders has increased significantly. The transnational character of a terrorist offence might not be known at the moment at which the case is referred to a judicial authority. Nevertheless, it is possible for the transnational character of a terrorist offence to be revealed by Eurojust cross-checking data. The investigation or prosecution of terrorist offences therefore requires coordination and cooperation between prosecuting authorities or a prosecution on common bases, as provided for in Article 85 TFEU. Information on terrorism cases should be exchanged with Eurojust in a timely manner, unless the specific circumstances of the case clearly indicate a purely national character.

Text proposed by the Commission

Amendment

(22) Investigations and prosecutions in terrorism cases are often impeded by the lack of information exchange between national investigation and prosecution authorities. In order to be able to cross check new terrorist investigations also with previous investigations and establish potential links, it is necessary to store the data on any previous investigations, not only on convictions and to extend the time limits for storing data in the European Judicial Counter-Terrorism Register. However, it is necessary to ensure that such data is processed for prosecution purposes only. The information may not be used for anything else but identifying links with ongoing investigations and prosecutions and for the support of those investigations and prosecutions.

(22) Investigations and prosecutions in terrorism cases are often impeded by the lack of information exchange between national investigation and prosecution authorities. In order to be able to cross check new terrorist investigations also with previous investigations and establish potential links, it is necessary to ensure that a retention period for data on any previous investigations and convictions is adequate for operational activities. Therefore, it is necessary to extend the time limits for storing data in the European Judicial Counter-Terrorism Register. The possibility to cross-check new terrorist investigations also with previous investigations could establish potential links and entail the need for cooperation. Such cross-checking might reveal that a person suspected or prosecuted in an ongoing case in a Member State was suspected or prosecuted in a case that has been concluded in another Member State. It might also establish links between ongoing investigations or prosecutions which could have been otherwise hidden. That is the case even where previous investigations ended in an acquittal or in a final decision not to prosecute. It is therefore necessary to store the data on any previous investigations, not only on convictions. However, it is necessary to ensure that such data is processed for prosecution purposes only. The information may not be used for anything else but identifying links with ongoing investigations and prosecutions and for the support of those investigations and prosecutions. Unless the competent national authority decides otherwise, on a case-by-case basis, Eurojust should be able to continue to process such operational data. Where, after the decision to acquit or not to prosecute becomes final, the competent national authority decides that it is not necessary to process the data of acquitted or non-prosecuted persons, including due to the specificities of the case or due to the grounds for the acquittal or non-prosecution, that data should be deleted.

Text proposed by the Commission

Amendment

(24) While Regulation (EU) 2018/1727 provides a legal basis for the cooperation and exchange of data with third countries, it does not contain any rules on the formal and technical aspects of the cooperation with third country liaison prosecutors seconded to Eurojust, in particular their access to the case management system. In the interest of legal certainty, Regulation (EU) 2018/1727 should provide an explicit legal basis for the cooperation between Eurojust and the third country liaison prosecutors and their access to the Eurojust case management system. Eurojust should ensure adequate safeguards and security measures for the protection of data and fundamental rights through the technical setup and internal rules.

(24) While Regulation (EU) 2018/1727 provides a legal basis for the cooperation and exchange of data with third countries, it does not contain any rules on the formal and technical aspects of the cooperation with third country liaison prosecutors seconded to Eurojust, in particular their access to the case management system. In the interest of legal certainty, Regulation (EU) 2018/1727 should provide an explicit legal basis for the cooperation between Eurojust and the third country liaison prosecutors and their access to the Eurojust case management system. Eurojust should implement adequate safeguards and security measures for the protection of data and fundamental rights through the updated technical setup and strict internal rules.

Text proposed by the Commission

Amendment

Regulation (EU) 2017/1727 is amended as follows:

Regulation (EU) 2018/1727 is amended as follows:

Text proposed by the Commission

Amendment

2a. Each Member State shall designate a competent national authority as Eurojust national correspondent for terrorism matters. This national correspondent for terrorism matters shall be a judicial or other competent authority. Where the national legal system requires, more than one authority can be designated. The national correspondent for terrorism matters shall have access to all relevant information in accordance with Article 21a(1). It shall be competent to collect such information and to send it to Eurojust.;

2a. Each Member State shall designate a competent national authority as Eurojust national correspondent for terrorism matters. This national correspondent for terrorism matters shall be a judicial or other competent authority. Where the national legal system requires, more than one authority can be designated. The national correspondent for terrorism matters shall have access to all relevant information in accordance with Article 21a(1). It shall be competent to collect such information and to send it to Eurojust in compliance with national criminal procedural law and the applicable data protection rules.

Text proposed by the Commission

Amendment

(b) paragraph 10 is deleted;

(b) paragraph 10 is replaced by the following:

10. The competent national authorities shall not be obliged to provide information as referred to in this Article where it has already been transmitted to Eurojust in accordance with other provisions of this Regulation.

Text proposed by the Commission

Amendment

1. The competent national authorities shall inform their national members of any ongoing or concluded criminal investigations supervised by judicial authorities, prosecutions, court proceedings and court decisions on terrorist offences as soon as judicial authorities are involved.

1. The competent national authorities shall inform their national members of any ongoing or concluded criminal investigations supervised by judicial authorities, prosecutions, court proceedings and court decisions on terrorist offences as soon as the case is referred to the judicial authorities in accordance with applicable national criminal procedural law. That obligation shall apply to all criminal investigations related to terrorist offences regardless of whether there is a known link to another Member State or a third country, unless the criminal investigation, due to its specific circumstances, clearly affects only one Member State.

Text proposed by the Commission

Amendment

2. Terrorist offences for the purpose of this Article are offences referred to in Directive (EU) 2017/541 of the European Parliament and of the Council*. The obligation referred to in paragraph 1 shall apply to all terrorist offences regardless whether there is a known link to another Member State or third country, unless the case, due to its specific circumstances, clearly affects only one Member State.

2. Terrorist offences for the purpose of this Article are offences referred to in Directive (EU) 2017/541 of the European Parliament and of the Council*. The obligation referred to in paragraph 1 shall apply to all terrorist offences regardless of whether there is a known link to another Member State or third country.

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* Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).”

* Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).”

Text proposed by the Commission

Amendment

3. The information transmitted in accordance with paragraph 1 shall include the operational personal data and non-personal data listed in Annex III.

3. The information transmitted in accordance with paragraph 1 shall include the operational personal data and non-personal data listed in Annex III. However, personal data as referred to in Annex III, point (d), shall only be included where such data are held by or may be shared with the relevant national authorities under applicable national law and where it is necessary to transmit them to accurately identify a person as referred to in Article 27(5).

Text proposed by the Commission

Amendment

The competent national authorities shall inform their national member without delay about any relevant changes in the national proceedings.

The competent national authorities shall inform their national member without delay and, in any event, no later than 10 working days after the occurrence of the relevant changes in the national proceedings.

Text proposed by the Commission

Amendment

5. Paragraph 1 shall not apply where the sharing of information would jeopardise current investigations or the safety of an individual, or when it would be contrary to essential interests of the security of the Member State concerned.

5. Paragraphs 1 and 4 shall not apply where:

(a)  the sharing of information would jeopardise a current investigation or the safety of an individual; or

(b)  the sharing of information would be contrary to essential security interests of the Member State concerned.

Text proposed by the Commission

Amendment

5a. The competent national authority shall not be obliged to provide information as referred to in this Article where it has already been transmitted to Eurojust.

Text proposed by the Commission

Amendment

(4a) in Article 22, the following paragraph is inserted.

2a.  The competent national authorities shall keep Eurojust informed of the follow-up actions taken as regards links identified on the basis of information provided under Article 21a.

Text proposed by the Commission

Amendment

1. The communication between the competent national authorities and Eurojust under this Regulation shall be carried out through the decentralised IT system as defined in Regulation (EU) [.../…] of the European Parliament and of the Council* [Regulation on the digitalisation of judicial cooperation].

1. The communication between the competent national authorities and Eurojust under this Regulation shall be carried out through the decentralised IT system as defined in Regulation (EU) [.../…] of the European Parliament and of the Council* [Regulation on the digitalisation of judicial cooperation]. The case management system referred to in Article 23 of this Regulation shall be connected to the decentralised IT system.

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* [Regulation (EU) […/…] of the European Parliament and of the Council on the digitalisation of judicial cooperation](OJ L…).

* [Regulation (EU) […/…] of the European Parliament and of the Council on the digitalisation of judicial cooperation](OJ L…).

Text proposed by the Commission

Amendment

2. Where exchange of information in accordance with paragraph 1 is not possible due to the unavailability of the decentralised IT system or due to exceptional circumstances, it shall be carried out by the swiftest, most appropriate alternative means. Member States and Eurojust shall ensure that the alternative means of communication are reliable and provide an equivalent level of security.

2. Where exchange of information in accordance with paragraph 1 is not possible due to the unavailability of the decentralised IT system or due to exceptional circumstances, it shall be carried out by the swiftest, most appropriate alternative means. Member States and Eurojust shall ensure that the alternative means of communication are reliable and provide an equivalent level of security and data protection.

Text proposed by the Commission

Amendment

3. The competent national authorities shall transmit the information in accordance with Articles 21 and 21a to Eurojust in a semi-automated manner from national registers and in a structured way determined by Eurojust.

3. The competent national authorities shall transmit the information to Eurojust in accordance with Articles 21 and 21a to Eurojust in a semi-automated manner from national registers and in a structured way determined by the Commission, in consultation with Eurojust, by means of an implementing act, pursuant to Articles 22b and 22c. That implementing act shall set out, in particular, the format for transmitting data as referred to in Annex III, point (d) and the necessary technical standards with respect to transmitting such data.

Text proposed by the Commission

Amendment

3a. Where Eurojust has been granted access to data from other EU information systems established under other Union legal acts, it may use the case management system to connect to such systems for the purpose of retrieving and processing information, including personal data, provided that it is necessary for the performance of its tasks.

Text proposed by the Commission

Amendment

3b. No further access rights shall be granted to Eurojust to other EU information systems under paragraphs 3 and (3a).

Text proposed by the Commission

Amendment

The national members may, however, temporarily store and analyse personal data for the purpose of determining whether such data are relevant to Eurojust’s tasks and can be included in the operational data management system. That data may be held for up to three months.

The national members may, however, temporarily store and analyse personal data for the purpose of determining whether such data are relevant to Eurojust’s tasks and can be included in the case management system. That data may be held for up to three months.

Text proposed by the Commission

Amendment

3. The national member shall indicate, in general or specific terms, any restrictions on the further handling, access and transfer of the information if a cross-link referred to in Article 23(2), point (c), has been identified.

3. The national member, in accordance with Article 9(3) and (4) of Directive (EU) 2016/680 and Article 76 of Regulation (EU) 2018/1725, shall indicate, in consultation with the national authorities, and justify in general or specific terms, any restrictions on the further handling, access and transfer of the information if a cross-link referred to in Article 23(2), point (c), has been identified.

Text proposed by the Commission

Amendment

1. In so far as they are connected to the case management system, persons referred to in Article 20(3) shall only have access to:

1. Persons referred to in Article 20(3), points (a), (b) and (c), shall have access to:

Text proposed by the Commission

Amendment

(a) data controlled by the national member of their Member State, unless the national member, who has decided to introduce the data in the case management system, expressly denied such access;

(a) data controlled by the national member of their Member State,

Text proposed by the Commission

Amendment

2. The national member shall, within the limitations provided for in paragraph 1 of this Article, decide on the extent of access, which is granted in their Member State to the persons referred to in Article 20(3) in so far as they are connected to the case management system.

2. The national member shall, within the limitations provided for in paragraph 1 of this Article, decide on the extent of access, which is granted in their Member State to the persons referred to in Article 20(3), points (a), (b) and (c).

Text proposed by the Commission

Amendment

Each Member State shall decide, after consultation with its national member, on the extent of access, which is granted in that Member State to the persons referred to in Article 20(3) in so far as they are connected to the case management system.

Each Member State shall decide, after consultation with its national member, on the extent of access, which is granted in that Member State to the persons referred to in Article 20(3), points (a), (b) and(c).

Text proposed by the Commission

Amendment

Member States shall notify Eurojust and the Commission of their decision regarding the implementation of the first subparagraph. The Commission shall inform the other Member States thereof.

Text proposed by the Commission

Amendment

Eurojust may continue to process the operational personal data referred to in point (a) of the first subparagraph also after the proceedings have been concluded under the national law of the Member State concerned, even in case of an acquittal. Where the proceedings did not result in a conviction, processing of personal data may only take place in order to identify links with other ongoing or concluded investigations and prosecutions as referred to in Article 23(2), point (c).;

Unless the competent national authority decides otherwise, on a case-by-case basis, Eurojust may continue to process the operational personal data referred to in point (a) of the first subparagraph also after the proceedings have been concluded under the national law of the Member State concerned, even in case of an acquittal. Where the proceedings did not result in a conviction, processing of personal data shall take place only in order to identify cross-links between ongoing, future or concluded investigations and prosecutions as referred to in Article 23(2), point (c). That also applies to operational personal data related to a person who has been the subject of a final decision not to prosecute.

Text proposed by the Commission

Amendment

(b) 5 years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecution became final, 3 years in case of an acquittal.;

(b) 5 years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecution became final, 3 years in case of the withdrawal of an indictment, an acquittal or a final decision not to prosecute;

Text proposed by the Commission

Amendment

(ba) the date on which Eurojust is informed of the decision of the competent national authority pursuant to Article 27(5).

Text proposed by the Commission

Amendment

Liaison prosecutors seconded to Eurojust shall be granted access to the case management system for the secure exchange of data.

Liaison prosecutors seconded to Eurojust shall be granted access to the case management system for the secure exchange of data. In accordance with Articles 45 and 46, Eurojust shall remain liable for the processing of personal data by liaison prosecutors.

Text proposed by the Commission

Amendment

— surname (family name);

— - For a natural person:

surname (family name);

Text proposed by the Commission

Amendment

— first names (given name, alias);

— first names (given name);

alias

Text proposed by the Commission

Amendment

— identification document,

— identification document (type and number)

place of residence;

- For a legal person:

business name ;

legal form ;

place of headquarters ;

- For both

telephone numbers ;

IP addresses ;

email addresses ;

details of bank accounts held with banks or financial institutions;

Text proposed by the Commission

Amendment

(b) information on the terrorist offence:

(b) information on the terrorist offence;

- information concerning legal persons involved in the preparation or commission of a terrorist offence;

Text proposed by the Commission

Amendment

— fingerprint data that have been collected in accordance with national law during criminal proceedings;

— fingerprint data and other available biometric data that have been collected in accordance with national law during criminal proceedings;