Activities of Marie-Christine VERGIAT related to 2016/0407(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the use of the Schengen Information System for the return of illegally staying third-country nationals PDF (695 KB) DOC (110 KB)
Amendments (39)
Amendment 30 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. AdopRejects its position at first reading hereinafter set out;
Amendment 33 #
Proposal for a regulation
Recital 1
Recital 1
(1) The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in full respect of fundamental rights and in particula must ensure full compliance with international law, in particular the right of asylum as defined in the 1951 Geneva Convention, and respect for the principle of non- refoulement, and in accordance with Directive 2008/115/EC of the European Parliament and of the Council, is an essential part of the comprehensive efforts to tackle irregular migration and increase the rate of return of irregular migrants.for fundamental rights, in particular the right to family reunification, no matter what their reasons for coming to and staying in the Schengen area are, or the manner in which they came;
Amendment 34 #
Proposal for a regulation
Recital 2
Recital 2
(2) It is necessary to increase the effectiveness of the European system to return illegally stayingtake account of the situation of the individuals concerned with regard to theird- country nationals. This is essential for maintaining public trust in the Union migration and asylum policy and providing support to persons in need ofof origin and/or transit. Their return must not under any circumstances conflict with the application of the 1951 Geneva Convention or the principle of non- refoulement, and they may not be sent back to a country in which they would be at risk of torture or inhuman or degrading treatment or punishment. This ensures that the rights of those who require international protection are upheld.
Amendment 40 #
Proposal for a regulation
Recital 3
Recital 3
(3) Member States shouldmust take all necessary measures to ensure that the return of illegally staying third-country nationals in an effective and proportionate manner, in accordance with the provisions of Directive 2008/115/ECs carried out in a manner that fully upholds and protects human rights, and in particular the rights of those who are most vulnerable.
Amendment 42 #
Proposal for a regulation
Recital 4
Recital 4
(4) A Union-wide system for sharing information between Member States on return decisions issued in respect of third- country nationals staying illegally on the territory of the Member States in accordance with provisions respecting Directive 2008/115/EC and for monitoring whether third-country nationals subject to those decisions have left the territory of the Member States should be established.
Amendment 43 #
Proposal for a regulation
Recital 4
Recital 4
(4) A Union-wide system for sharing information between Member States on return decisions issued in respectthe rights of third- country nationals staying illegally on the territory of the Member States in accordance with provisions respecting Directive 2008/115/EC and for monitoring whether third-country nationals, having regard to the right of asylum and to the 1951 Geneva Convention, should be established, and it should be made clear that they may not be made the subject to thoseof a decisions have left to return them territory of the Member States should be establishedo a country in which they are at risk of torture or inhuman or degrading treatment or punishment.
Amendment 46 #
Proposal for a regulation
Recital 6
Recital 6
(6) SIS alerts on return and the exchange of supplementary information on these alerts should supportshould help competent authorities to take the necessary measures to enforceuphold the rights of the people concerned before the enforcement of return decisions issued in accordance with provisions respecting Directive 2008/115/EC. SIS should contribute to the identification and the information sharing between Member States on third-country nationals who are the subject of such return decision, who have absconded and are apprehended in another Member State. These measures should help preveUnder no circumstances should those measures adversely affect the rights of the individuals concerned as laid down in international and European law. Such alerts must never affect the right of asylum and should not constitute grounds for refusal for applicants and deter irregular migration and enhance cooperation between Member States’ authoritiesbeneficiaries of international protection, in particular with regard to the principle of non-refoulement.
Amendment 47 #
(7) To ensure the effectiveness of return and increase the added value of alerts on return, Member States shouldmay enter alerts in SIS in relation to all return decisions they issue to illegally staying third-country nationals in accordance with provisions respecting Directive 2008/115/EC. For this purpose, Member States should enter an alert in SIS also when decisions imposing or stating an obligation to return are issued in the situations described in Article 2(2) of that Directive, not if the persons concerned have been ablye to third-country nationals who are subject to a refusal of entry in accordance with the Schengen Borders Code, or who are apprehended or intercepted by the competent authorities in connection with the irregular crossing by land, sea or air of the external border of a Member State and who have not subsequently obtained an authorisation or a right to stay in that Member State, and to third-country nationals who are subject to return as a criminal law sanction or as a consequence of a criminal law sanction, according to national law, or who are the subject of extradition proceduresassert their rights and have exhausted all avenues of appeal. Whatever the case, the country that authorised the stay must be informed immediately.
Amendment 52 #
Proposal for a regulation
Recital 9
Recital 9
(9) It is necessary to specify the categories of data that can be entered in SIS in respect of third-country nationals who are the subject of a return decision issued in accordance with provisions respecting Directive 2008/115/EC. Alerts on return should contain only those data that are required in order to identify the data subjects, to allow the competent authorities to take informed decisions without losing time and to ensure, where necessary, their protection in relation to persons who are armed, violent, have escaped or are involved in an activity as referred to in Articles 1, 2, 3 and 4 of Council Framework Decision 2002/475/JHA on combating terrorism26. Furthermore, in order to facilitate identification and detect multiple identities, the alert should include also a reference to the personal identification document and a copy of such document, if available. _________________ 26 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3).
Amendment 55 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
Amendment 57 #
(10) Each Member State should designate an authority responsible for the exchange of supplementary information in connection to alerts on return in order to ensure efficient and swift cooperation among the Member Statesthat the rights of the people concerned are upheld and that there is efficient and swift cooperation among the Member States. Such exchanges must be absolutely necessary and in proportion to the task.
Amendment 59 #
Proposal for a regulation
Recital 11
Recital 11
(11) Procedures should be established to enable Member States to verify that the obligation to return has been complied with and to confirm the departure of the third-country national concerned to the Member State that issued the alert on return. This information should contribute to a more comprehensive follow-up of the compliance with return decisions in accordance with provisions respecting Directive 2008/115/ECe departure of the third-country national concerned.
Amendment 68 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 73 #
Proposal for a regulation
Recital 16
Recital 16
(16) Data processed in SIS or transferred through the exchange of supplementary information may provide to the enforcing Member State information that is useful for the rapid identification and re- documentation of illegally staying third- country nationals, in view of their return to a third country. In individual cases, it should be possible to share such data and information with a third country for this purpose. SThe sharing of any personal data should be subject to clear conditions, should be carried out in accordance with the provisions of Regulation (EU) 2016/679 and should be conducted with the agreement of the Member State thatwhich, if applicable, authorised the stay and issued the alert.
Amendment 76 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) All sharing and re-use of data must be strictly supervised and limited to only what is specifically necessary.
Amendment 77 #
Proposal for a regulation
Recital 17
Recital 17
(17) National authorities responsible for return may differ significantly among Member States, and such authorities may also vary within a Member State depending on the reasons for illegal stay. Judicial authorities may also issue return decisions in accordance with provisions respecting Directive 2008/115/EC, for instance as result of appeals against a refusal of granting an authorisation or right to stay, or as a criminal sanction. All national authorities in charge of issuing and enforcing return decisions in accordance with Directive 2008/115/EC should be entitled to access SIS in order to enter, update, delete and search alerts on return, in conditions that are strictly defined depending on the authorities concerned.
Amendment 81 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The Member States are to designate the persons strictly entitled by the authorities to request information on the data recorded in the SIS. This access and entitlement must be subject to verification by an independent authority.
Amendment 82 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 84 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 86 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 90 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘return decision’ means a return decision as defined in Article 3(4) of Directive 2008/115/EC and in respect of which all possible avenues of appeal have been exhausted or declared inadmissible;
Amendment 92 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘return decision issued in accordance with provisions respecting Directive 2008/115/EC’ means a return decision within the meaning of point (c) and an administrative or judicial decision or act, stating or declaring the stay of a third-country national to be illegal and imposing or stating an obligation to return, issued under the conditions of Article 2(2)(b) of Directive 2008/115/EC;
Amendment 104 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 108 #
Proposal for a regulation
Article 4 – paragraph 1 – point j
Article 4 – paragraph 1 – point j
Amendment 111 #
Proposal for a regulation
Article 4 – paragraph 1 – point k
Article 4 – paragraph 1 – point k
(k) the reason for the alert and a reference to the decision giving rise to the alert;
Amendment 112 #
Proposal for a regulation
Article 4 – paragraph 1 – point m
Article 4 – paragraph 1 – point m
Amendment 113 #
Proposal for a regulation
Article 4 – paragraph 1 – point n
Article 4 – paragraph 1 – point n
Amendment 114 #
Proposal for a regulation
Article 4 – paragraph 1 – point t
Article 4 – paragraph 1 – point t
(t) photographs and facial images;
Amendment 117 #
Proposal for a regulation
Article 4 – paragraph 1 – point u
Article 4 – paragraph 1 – point u
(u) dactylographic datafingerprints;
Amendment 118 #
Proposal for a regulation
Article 4 – paragraph 1 – point v
Article 4 – paragraph 1 – point v
Amendment 140 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where a Member State considers granting a residence permit or other authorisation offering a right to stay to a third-country national who is the subject of an alert on return entered by another Member State, the former shall first consult, through the exchange of supplementary information, the Member State that entered the alert. The Member State that entered the alert shall reply within seven days. If the Member State considering granting a residence permit or other authorisation offering a right to stay decides to grant it, the alert on return shall be deleted immediately.
Amendment 142 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where a Member State considers entering an alert for return concerning a third-country national who is the holder of a valid residence permit or other authorisation offering a right to stay issued by another Member State, it shall inform through the exchange of supplementary information the Member State that issued the permit in order to allow that Member State to decide whether there are reasons justifying its withdrawal. The Member State that issued the permit shall provide a definite reply within seven days. The alert may not be made without the agreement of the Member State that issued the residence permit or authorisation offering a right to stay.
Amendment 143 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 144 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 149 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Without prejudice to Articles 6 and 8, alerts on return shall be immediately deleted when the decision upon which the alert was based has been withdrawn or annulled by the competent authority. Alerts on return shall also be deleted when the third-country national concerned can demonstrate that they have left the territory of the Member States in compliance with a return decision issued in accordance with provisions respecting Directive 2008/115/EC.
Amendment 157 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Third-country nationals who are the subject of an alert shall have the right to appeal, and the right to obtain the information which gave rise to the alert in order to assert their right of access to personal data; they shall also have the right to amend and delete the information pertaining to them and to appeal with the necessary guarantees with regard to the principles of protection of individuals and respect for fundamental rights as defined by European and international law, even if they are not on EU territory while the procedure is taking place.
Amendment 160 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Data processed in SIS and the related supplementary information pursuant to this Regulation may not be transferred or made available to a third- country in accordance with Chapter V of Regulation (EU) 2016/679 with the authorisation of the issuing Member State, only for the purpose of identification of and issuance of an identification or travel document to an illegally staying-third country national in view of return.
Amendment 164 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 166 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3