Article 32), Regulation 1987/2006 96 (see Article 16), Regulation 2018/1862 97 (see Article 16), and Regulation 603/2013 98 (see Article 34).
4.11.4 Role of Europol 120. The Proposal provides for close cooperation between the EU Centre and Europol. Under Chapter IV of the Proposal, upon receiving reports from providers on suspected CSAM, the EU Centre shall check them to assess which reports are actionable (not manifestly unfounded) and shall forward them to Europol as well as to national law enforcement authorities. 99 The EU Centre shall grant Europol access to its databases of indicators and databases of reports to assist Europol’s investigations of suspected child sexual abuse offences. 100 Moreover, the EU Centre would be granted the ‘fullest possible’ access to Europol’s information systems. 101 The two agencies will also share premises and certain (nonoperational) infrastructure. 102 121. The EDPB and EDPS note that several aspects related to cooperation between the proposed EU Centre and Europol raise concern or require further specification. On the forwarding of reports by the EU Centre to Europol (Article 48) 122. Article 48 of the proposed Regulation requires the EU Centre to forward reports that are not considered manifestly unfounded, together with any additional relevant information, to Europol and to the competent law enforcement authority or authorities of the Member State(s) likely to have jurisdiction to investigate or prosecute the potential child sexual abuse. Although this Article accords Europol the role of identifying the relevant law enforcement authority where the Member State concerned is unclear, the provision in fact provides that all reports shall be transmitted to Europol regardless of whether the national authority has been identified and already transmitted the report by the EU Centre.
Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second-generation Schengen Information System (SIS II) (OJ L 381, 28.12.2006, p. 4–23). 97 Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56–106). 98 Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 180, 29.6.2013, p. 1–30). 99 See Article 48 of the Proposal. 100 See Article 46(4)-(5) of the Proposal. 101 See Article 53(2) of the Proposal. 102 Notably those regarding human resources management, information technology (IT), including cybersecurity, the building and communications. 96
Adopted
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