Legal provisions of COM(2021)767 - Amendment of Council Decision 2005/671/JHA, as regards its alignment with Union rules on the protection of personal data

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Article 1

Decision 2005/671/JHA is amended as follows:

(1)Article 1 is amended as follows:

(a)point (b) is deleted;

(b)point (d) is replaced by the following:

‘(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 (*1).

(*1)  Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).’;"

(2)Article 2 is amended as follows:

(a)the heading is replaced by the following:

‘Provision of information concerning terrorist offences to Europol and the Member States’;

(b)the following paragraph is added:

‘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.’

;

(c)in paragraph 4, the following subparagraph is added:

‘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.’;

(d)in paragraph 6, the following subparagraph is added:

‘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.’.

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 November 2025. They shall immediately inform the Commission thereof.

When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States in accordance with the Treaties.