29 Amendments of Petr JEŽEK related to 2016/0407(COD)
Amendment 37 #
Proposal for a regulation
Recital 3
Recital 3
(3) Member States should take all necessary measures – while fully upholding fundamental rights, and in particular the principle of non- refoulement – to return illegally staying third-country nationals in an effective and proportionate manner, in accordance with the provisions of Directive 2008/115/EC.
Amendment 48 #
Proposal for a regulation
Recital 7
Recital 7
(7) To ensure the effectiveness of return and increase the added value of alerts on return, Member States should enter alerts in SIS in relation to all return decisions they issued 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, notably 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 procedures. In order to reduce the administrative burden for Member States and the number of less useful SIS entries, Member States may refrain from entering an alert if the return decision does not set a deadline for voluntary departure and the third-country national is placed in detention prior to removal.
Amendment 51 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Where enforcement of a return decision issued in accordance with provisions respecting Directive 2008/115/EC is suspended or postponed, the issuing Member State should mark the alert on return with a suspension indicator to ensure that it is only accessible to SIRENE bureaux, that it is not searchable by end-users, and that the action called for is not enforced.
Amendment 58 #
Proposal for a regulation
Recital 10
Recital 10
(10) Each Member State should designate an national authority responsible for the exchange of supplementary information in connection to alerts on returnthat is fully operational 24 hours a day, 7 days a week, and responsible for the exchange of supplementary information on third- country nationals who are the subject of a return decision (‘Migration Office’) in order to ensure efficient and swift cooperation among the Member States.
Amendment 61 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Where a third-country national who is subject of an alert on return is identified by a competent authority and it has been ascertained by the same authority that the obligation to return has not been complied with, that authority should immediately consult the issuing Member State through the exchange of supplementary information in order to determine the action to be taken. That action should be carried out in accordance with the EU return acquis and other provisions of national and EU legislation applicable to the case concerned. The Member States should nevertheless prioritise the recognition of the return decision of the issuing Member State pursuant to Directive 2001/40/EC.
Amendment 62 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) Entering information on voluntary departure deadlines into the SIS should allow illegally staying third-country nationals, when checked, to say why they should be allowed to remain in a Member State.
Amendment 63 #
Proposal for a regulation
Recital 12
Recital 12
(12) Alerts on return should be automatically deleted as soon as the alert expires, in accordance with the examination procedure. They should also be deleted as soon as the Member State or competent authority that issued the return decision in accordance with provisions respecting Directive 2008/115/EC has been informed that the return has taken place. Where a return decision is accompanied by an entry ban, the latter should be entered in SIS in accordance with Article 24(3) of Regulation (EU) 2018/xxx [border checks]. In such cases Member States should take all necessary measures to ensure that no time-gap exist betwee, or, where necessary, in accordance with the provisions on the mcoment in which the third-country national leaves the Schengen area and the activation of the alert on the entry ban in SISpatibility of alerts.
Amendment 66 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Where a return decision is accompanied by an entry ban, the latter should be entered in the SIS in accordance with Article 24(3) of Regulation (EU) 2018/xxx [border checks].In such cases, Member States must take all necessary measures to ensure that there is no delay between the time the third-country national leaves the Schengen area and the time the alert on the entry ban is activated in the SIS.
Amendment 69 #
Proposal for a regulation
Recital 13
Recital 13
(13) SIS should contain a mechanism for notifying the Member States about the non- compliance of third-country nationals with an obligation to return within a given period of voluntary departure. The mechanism should support the Member States in fulfilling their obligations in accordance with Article 8(1) and Article 11 of Directive 2008/115/EC with regard to third-country nationals who have not complied with an obligation to return.
Amendment 71 #
Proposal for a regulation
Recital 15
Recital 15
(15) Alerts should be kept in SIS only for the time required to fulfil the purposes for which they were entered. In accordance with Article 34 of Regulation (EU) 2018/xxx [border checks] the review period for alerts on the return of third- country nationals is five years.
Amendment 78 #
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.
Amendment 94 #
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) ‘entry ban’ means any administrative or judicial decision or act prohibiting entry into and stay on the territory of Member States for a fixed period.
Amendment 95 #
Proposal for a regulation
Article 2 – paragraph 1 – point d b (new)
Article 2 – paragraph 1 – point d b (new)
(db) ‘illegal stay’ means an illegal stay as defined in point 3 of Article 3 of Directive 2008/115/EC;
Amendment 96 #
Proposal for a regulation
Article 2 – paragraph 1 – point d c (new)
Article 2 – paragraph 1 – point d c (new)
(dc) ‘removal’ means removal as defined in point 5 of Article 3 of Directive 2008/115/EC;
Amendment 97 #
Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(fa) ‘suspension indicator’ means a marker that an issuing Member State may add to an alert on return where enforcement of a return decision is suspended or postponed.
Amendment 98 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Data on third-country nationals subject to a return decision issued in accordance with provisions respecting Directive 2008/115/EC shall be entered immediately in SIS for the purpose of verifying that the obligation to return has been complied with and for supporting the enforcement of the decision. An alert shall be entered in SIS without delay when the return decision is issued in accordance with provisions respecting Directive 2008/115/EC, and in accordance with the provisions on the compatibility of alerts laid down in Article 23b of Regulation (EU) 2018/xxx.
Amendment 101 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States may refrain from entering an alert if the return decision does not set a deadline for voluntary departure and the third-country national is placed in detention prior to removal.
Amendment 103 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The suspension and the postponement of the enforcement of the return decision issued in accordance with provisions respecting Directive 2008/115/EC shall be immediately recorded in the alert, and a suspension indicator shall be added to the alert. Where a suspension indicator has been added, the alert shall only be accessible to SIRENE bureaux; it shall not be searchable by end-users; and the action called for shall not be enforced.
Amendment 107 #
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) sexgender;
Amendment 125 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Each Member State shall designate an national authority that is fully operational 24 hours a day, 7 days a week, and is responsible for the exchange of supplementary information on third- country nationals who are the subject tof a return decision (‘Migration Office’) in accordance with the provisions of the SIRENE Manual laid down in Article 8 of Regulation (EU) 2018/xxx [Bborder checks]. The Migration Office shall be the Member States’ single contact point for the exchange of supplementary information on return alerts and shall make it possible for the appropriate measures to be taken when a third- country national has been registered in the SIS for that purpose and is found following a hit on a return alert.
Amendment 126 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – introductory part
Article 6 – paragraph 1 – subparagraph 1 – introductory part
Where a third-country national who is the subject of an alert on return is identified when exiting through the external borders of a Member State, the Member State that identified the third-country national concerned shall communicate the following information immediately to the issuing Member State through the exchange of supplementary information:
Amendment 128 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Where a third-country national, who is the subject of an alert on return, exits through the external border of the issuing Member State, the confirmation of return shall be communicated immediately to the competent authority in accordance with national law.
Amendment 133 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. CS-SIS shall automatically notify the Member States about their alerts on return for which the period for voluntary departure has expired.
Amendment 137 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The action called for must be carried out in accordance with the EU return acquis and other provisions of national and EU legislation applicable to the individual case, which include: (a) issuing a return decision in accordance with provisions respecting Directive 2008/115/EC; (b) passing the third-country national back to the issuing Member State under an existing bilateral agreement or arrangement in accordance with Article 6(3) of Directive 2008/115/EC; or (c) recognising the return decision of the issuing Member State pursuant to Directive 2001/40/EC. In applying this Regulation, the Member States shall prioritise the recognition of the return decision of the issuing Member State pursuant to Directive 2001/40/EC.
Amendment 152 #
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 deleted whenas soon as 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 havehas left the territory of the Member States in compliance with a return decision issued in accordance with provisions respecting Directive 2008/115/EC.
Amendment 153 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Alerts on return shall be deleted automatically as soon as they expire, in accordance with Article 34 of Regulation 2018/xxx [border checks] relating to the consideration period.
Amendment 154 #
Proposal for a regulation
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1b. Alerts on return shall be deleted where necessary in accordance with the provisions on the compatibility of alerts laid down in Article 23b of Regulation 2018/xxx [border checks].
Amendment 158 #
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 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 and only where the following conditions are met: (a) the third country explicitly agrees to use the data only for the purpose for which they were provided, to respect that which is lawful and necessary for the purposes set out in paragraph 1, and to delete the data concerned when their retention can no longer be justified; (b) the third-country national concerned has been informed that his or her personal data may be shared with the authorities of a third country; (c) no information regarding the fact that an illegally staying third-country national has made an application for international protection in a Member State shall be disclosed to a third country, particularly where that country is also the applicant’s country of origin. Data processed in SIS and the related supplementary information exchanged pursuant to this Regulation shall not be made available to a third country where the return decision has temporarily been suspended or postponed in line with Article 3(3).
Amendment 168 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
As far as not established in this Regulation, the provisions on responsibilities of the Member States and the Agency, the entry and, processing, updating and compatibility of alerts, the conditions to access and retention of alerts, data processing, data protection, liability and monitoring and statistics laid down in Articles 6 to 19, Article 20(3)-(4) as well as in Articles 21, 22, 28, 29(4) and 33 to 54 of Regulation (EU) 2018/ xxx [Border checks] shall apply to data entered and processed in SIS in accordance with this Regulation.