Summary of the Opinion of the European Data Protection Supervisor on the proposal for a Regulation of the European Parliament and of the Council on the transfer of proceedings in criminal matters

(2023/C 253/04)

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

On 5 April 2023, the European Commission issued a proposal for a Regulation of the European Parliament and of the Council on the transfer of proceedings in criminal matters.

The EDPS fully supports the aim of the Commission to provide for common rules to transfer criminal proceedings from one Member State to another in order to efficiently fight cross-border crime and to ensure that the best-placed Member State investigates or prosecutes a criminal offence.

He also welcomes the clarification in the proposal that the future Regulation would be the legal basis for the exchange of personal data between the Member States for the transfer of criminal proceedings in line with Article 8 and Article 10(a) of the Directive (EU) 2016/680 of the European Parliament and of the Council (1).

The EDPS still invites the legislator to clarify the roles and responsibilities of central authorities pursuant to this proposal as well as the references to the data protection legal framework.

1.   INTRODUCTION

1.

On 5 April 2023, the European Commission issued a proposal for a Regulation of the European Parliament and of the Council on the transfer of proceedings in criminal matters (2) (‘the proposal’).

2.

The objective of the proposal is to adopt a new instrument on the transfer of criminal proceedings between Member States in order to: (1) improve the efficient and proper administration of justice in the EU; (2) improve the respect of fundamental rights in the process of transfer of criminal proceedings; (3) improve efficiency and legal certainty of transfers of criminal proceedings; (4) enable transfers of criminal proceedings, where they are in the interest of justice, but currently not possible between Member States and reduce the phenomenon of impunity (3).

3.

This initiative was included in the Commission’s 2022 work programme (4) and is part of the 2021-2025 EU strategy to tackle organised crime (5).

4.

The present Opinion of the EDPS is issued in response to a consultation by the European Commission of 5 April 2023, pursuant to Article 42(1) of EUDPR (6). The EDPS welcomes the reference to this consultation in recital 62 of the proposal. In this regard, the EDPS also positively notes that he was already previously informally consulted pursuant to recital 60 of EUDPR.

5.   CONCLUSIONS

13.

In light of the above, the EDPS makes the following recommendations: (1) to clarify the roles and responsibilities of central authorities in recital 58 and Article 22(2) of the proposal, (2) to clarify and align recitals 55 and 58 when it comes to references to the data protection legal framework.

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(1)  Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

(2)  COM(2023) 185 final.

(3)  See page 3 of the Explanatory Memorandum.

(4)  https://commission.europa.eu/system/files/2023-01/cwp2022_en.pdf

(5)  Commission Communication on the EU Strategy to tackle Organised Crime 2021-2025, COM(2021) 170 final.

(6)  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).