116 Amendments of Petr JEŽEK related to 2016/0408(COD)
Amendment 141 #
Proposal for a regulation
Recital 7
Recital 7
(7) SIS includes a central system (Central SIS) and national systems withhich may contain a full or partial copy of the SIS database. Considering that SIS is the most important information exchange instrument in Europe, it is necessary to ensure its uninterrupted operation at central as well as at national level. Therefore each Member State should establish a partial or full copy of the SIS database and should set upconsiderable investments are needed to bolster and improve the central system and its backup system(s).
Amendment 142 #
Proposal for a regulation
Recital 8
Recital 8
(8) It is necessary to maintain a manual setting out the detailed rules for the exchange of certain supplementary information concerning the action called for by alerts (the SIRENE Manual). National authorities in each Member State (the SIRENE Bureaux), should ensure the exchange of this information in a fast and efficient manner.
Amendment 145 #
Proposal for a regulation
Recital 9
Recital 9
(9) In order to maintain theguarantee the fast and efficient exchange of supplementary information concerning the action to be taken specified in the alerts, it is appropriate to reinforce the functioning of the SIRENE Bureaux by specifying the requirements concerning available resources, user training and the response time to the inquiries received from other SIRENE Bureaux.
Amendment 148 #
Proposal for a regulation
Recital 11
Recital 11
(11) Without prejudice to the responsibility of Member States for the accuracy of data entered into SIS, the Agency should become responsible for reinforcing data quality by introducing a central data quality monitoring tool, and for providing reports at regular intervals to the Member States. To improve the quality and processing of data by end-users, the Agency should also be tasked with organising training sessions, in particular for SIRENE staff, on the use of SIS II, in accordance with Rule 3 (Regulation (EU) No 1077/2011).
Amendment 149 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) To be certain that the processing of SIS data by end-users is secure, Member States should ensure that staff with access to SIS receive regular training on data security and protection rules and procedures on data processing as set out in the SIRENE Manual.
Amendment 151 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to allow better monitoring of the use of SIS to analyse trends concerning migratory pressure and border management, the Agency should be able to develop a state-of-the-art capability for statistical reporting to the Member States, the European Parliament, the Commission, Europol and the European Border and Cost Guard Agency without jeopardising data integrity. Therefore, a central statistical repository should be established. Any statistic produced should not contain personal data.
Amendment 155 #
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should set out the conditions for use of dactylographscopic data , photographs and facial images for identification purposes. The use of dactyloscopic data and facial images for identification purposes in SIS should also help ensure consistency in border control procedures where identification and the verification of identity are required by the use of dactylographscopic data and facial images. Searching with dactylographscopic data should be mandatory if there is any doubt concerning the identity of a person. To verify whether the person already appears in SIS under another identity or alert, a fingerprint search can be carried out before a new alert is entered. Facial images for identification purposes should only be used in the context of regular border controls in self-service kiosks and electronic gates.
Amendment 160 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Introducing an automated fingerprint identification service within SIS complements the existing Prüm mechanism on mutual cross-border online access to some national DNA databases and automated fingerprint identification systems. The Prüm mechanism interconnects national fingerprint identification systems so that a Member State can launch a request to ascertain whether the perpetrator of a crime whose fingerprints have been found is known in any other Member State. The Prüm mechanism only verifies whether the owner of the fingerprints has been known at one point in time; therefore, if the perpetrator only becomes known in a Member State later on, he or she could pass through the net. The SIS fingerprint search enables usera to actively search for the perpetrator.
Amendment 163 #
Proposal for a regulation
Recital 18
Recital 18
(18) Fingerprints and palm prints found at a crime scene should be allowed to be checked against the dactylographic data stored in SIS if it can be established to a high degree of probability that they belong to the perpetrator of the serious crime or terrorist offence. Serious crime should be the offences listed in Council Framework Decision 2002/584/JHA45 and ‘terrorist offence’ should be offences under national law referred to in Council Framework Decision 2002/475/JHA46. Directive (EU)2017/541 of 15 March 2017 on combating terrorism. _________________ 45 Council Framework Decision (2002/584/JHA) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.07.2002, p. 1). 46Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p.6).
Amendment 165 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Any processing of photographs, facial images or dactyloscopic data may not exceed what is necessary for the objective of general interest pursued, and must be covered by appropriate guarantees. Any use of photographs, facial images or dactyloscopic data must by authorised by Union or Member State law. Any processing of photographs, facial images or dactyloscopic images in the scope of SIS, including retention and use for identification purposes, must comply with the relevant provisions on data protection laid down by the SIS legal instruments, and with Regulation (EU) 2016/679 and the provisions of Directive 2016/680. The provisions laid down in those legal instruments apply to the processing of photographs, facial images and dactyloscopic data of third-country nationals and Union citizens. In accordance with the purpose-specification principle, the purpose and method for using photographs, facial images and dactyloscopic data in SIS must be clearly defined. To this end, the Commission should be empowered to adopt an implementing act in accordance with Article 55(2).
Amendment 166 #
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18b) Photographs, facial images and dactyloscopic data of minors must be processed with full regard for the best interest of the child as laid down in Article 3 of the United Nations Convention on the Rights of the Child of 1989.
Amendment 172 #
Proposal for a regulation
Recital 23
Recital 23
(23) Alerts should not be kept in SIS longer than the time required to fulfil the purposes for which they were issued. In order to reduce the administrative burden on the authorities involved in processing data on individuals for different purposes, it is appropriate to align the maximum retention period of refusal of entry and stay alerts.distinguish entry ban alerts issued on the basis of the provisions of Article 11 of Directive 2008/115/CE for which the maximum retention period should be five years in accordance with the possible maximum length of entry bans issued in accordance with procedures respecting Directive 2008/115/EC Therefore, the retention period for alerts , from the other alerts which are part of this mechanism, for which the retention personsiod should be a maximum of fivremain three years. As a general principle, alerts on persons should be automatically deleted from SIS after a period of five yearsor three years, respectively. Decisions to keep alerts on persons should be based on a comprehensive individual assessment. Member States should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended.
Amendment 175 #
Proposal for a regulation
Recital 24
Recital 24
(24) Entering and extending the expiry date of a SIS alert should be subject to the necessary proportionality requirement, examining whether a concrete case is adequate, relevant and important enough to insert an alert in SIS. In cases of offences pursuant Articles 1, 2, 3 and 4 of Council Framework Decision 2002/475/JHA on combating terrorism49to Directive (EU) 2017/541, an alert should always be created on third country nationals convicted for any crimes of that kind, for the purposes of refusal of entry and stay taking into account the high level of threat and overall negative impact such activity may result in. _________________ 49Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p.6).
Amendment 176 #
Proposal for a regulation
Recital 25
Recital 25
(25) The integrity of SIS data is of primary importance. Therefore, appropriate safeguards should be provided to process SIS data at central as well as at national level to ensure the end-to-end security of data. The authorities involved in the data processing should be bound by the security requirements of this Regulation and, be appropriately trained for that purpose, be subject to a uniform incident reporting procedure and be informed of any offences and criminal penalties in this respect.
Amendment 177 #
Proposal for a regulation
Recital 26
Recital 26
(26) Data processed in SIS in application ofand the related supplementary information exchanged pursuant to this Regulation shouldall not be transferred or made available to third countries or to international organisations.
Amendment 182 #
Proposal for a regulation
Recital 31
Recital 31
(31) The national independent supervisory authorities should monitor the lawfulness of the processing of personal data by the Member States in relation to this Regulation, including the exchange and further processing of supplementary information. The rights of data subjects for access, rectification and, deletion, erasure of their personal data stored in SIS and compensation, and subsequent remedies before national courts as well as the mutual recognition of judgments should be set out. Therefore, it is appropriate to require annual statistics from Member StatesMember States to develop a standard statistical system for reporting annually by means of a cooperation mechanism between national supervisory authorities and the European Data Protection Supervisor.
Amendment 187 #
Proposal for a regulation
Recital 33
Recital 33
(33) Regulation (EU) 2016/794 (Europol Regulation) provides that Europol supports and strengthens actions carried out by the competent authorities of Member States and their cooperation in combating terrorism and serious crime and provides analysis and threat assessments. In order to facilitate Europol in carrying out its tasks, in particular within the European Migrant Smuggling Centre, it is appropriate to allow Europol access to the alert categories defined in this Regulation. Europol's European Migrant Smuggling Centre plays a major strategic role in countering the facilitation of irregular migration, it should obtain access to alerts on persons who are refused entry and stay within the territory of a Member State eitheron the basis of restrictive measures, on criminal grounds or because of non-compliance with entry and stay conditions.
Amendment 189 #
Proposal for a regulation
Recital 34
Recital 34
(34) In order to bridge the gap in information sharing on terrorism, in particular on foreign terrorist fighters – where monitoring of their movement is crucial – Member States should share information on terrorism-related activity with Europol in parallel to introducing an alert in SIS, as well as hits and, related information and information in case the action to be taken is not carried out. This should allow Europol's European Counter Terrorism Centre to verify if there is any additional contextual information available in Europol's databases and to deliver high quality analysis contributing to disrupting terrorism networks and, where possible, preventing their attacks.
Amendment 199 #
Proposal for a regulation
Recital 37
Recital 37
(37) In accordance with Regulation (EU) 2016/1624 the European Border and Coast Guard Agency shall prepare vulnerability assessments and risk analyses. These risk analyses shall cover all aspects relevant to European integrated border management, notably threats that may affect the functioning or security of the external borders. Alerts introduced in the SIS in accordance with this Regulation, notably the alerts on refusal of entry and stay,on refusal of entry and stay or restrictive measures intended to prevent entry into or transit through Member States entered in SIS in accordance with this Regulation are relevant information for assessing possible threats that may affect the external borders, and should thus be available in view of the risk analysis which must be prepared by the European Border and Coast Guard Agency. Fulfilling the tasks assigned to the European Border and Coast Guard Agency in relation to risk analysis, necessitates access to SIS. Furthermore, in accordance with Commission proposal for a Regulation of the European Parliament and of the Council establishing a European Travel Information and Authorisation System (ETIAS)55, the ETIAS Central Unit of the European Border and Coast Guard Agency will perform verifications in SIS via ETIAS in order to perform the assessment of the applications for travel authorisation which require, inter alia, to ascertain if the third country national applying for a travel authorisation is subject of a SIS alert. To this end the ETIAS Central Unit within European Border and Coast Guard Agency should also have access to SIS to the extent necessary to carry out its mandate, namely to all alert categories on third country nationals in respect of whom an alert has been issued for the purposes of entry and stay, and those who are subject to restrictive measure intended to prevent entry or transit through Member States. _________________ 55 COM(2016) 731 final.
Amendment 208 #
Proposal for a regulation
Article 3 – paragraph 1 – point b – introductory part
Article 3 – paragraph 1 – point b – introductory part
(b) ‘supplementary information’ means information not forming part of the alert data stored in SIS, but connected to SIS alerts, which is to be exchanged by the SIRENE Bureaux:
Amendment 209 #
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(d a) ‘illegal stay’: the presence on the territory of a Member State of a third- country national who does not fulfil or no longer fulfils the conditions of entry as set out in Article 5 of the Schengen Borders Code or other conditions for entry, stay or residence in that Member State;
Amendment 210 #
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(f a) ‘confirmed identity’ (established identity) means an identity that has been confirmed on the basis of genuine ID documents, by passport or by statement from competent authorities.
Amendment 211 #
Proposal for a regulation
Article 3 – paragraph 1 – point f b (new)
Article 3 – paragraph 1 – point f b (new)
(f b) ‘unconfirmed identity’ means an identity of which there is not sufficient proof;
Amendment 212 #
Proposal for a regulation
Article 3 – paragraph 1 – point f c (new)
Article 3 – paragraph 1 – point f c (new)
(f c) ‘misused identity’ (surname, first name, date of birth) is when a person who is in SIS uses another person’s identity;
Amendment 213 #
Proposal for a regulation
Article 3 – paragraph 1 – point f d (new)
Article 3 – paragraph 1 – point f d (new)
Amendment 215 #
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(1) ‘return’ means return as defined in point 3 of Article 3 of Directive 2008/115/EC; the process of a third-country national going back — whether by voluntarily complying with an obligation to return, or being forced to return — to: - his or her country of origin, or - a country of transit in accordance with Community or bilateral readmission agreements or other arrangements, or - another third country, to which the third-country national concerned voluntarily decides to return and in which he or she will be accepted;
Amendment 216 #
Proposal for a regulation
Article 3 – paragraph 1 – point l a (new)
Article 3 – paragraph 1 – point l a (new)
(l a) ‘return decision’: 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;
Amendment 217 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) ‘entry ban’ means entry ban as defined in point 6 of Article 3 of Directive 2008/115/ECany administrative or judicial decision or act forbidding the entry or stay of a third- country national in a Member State for a specified period, accompanied by a return decision;
Amendment 225 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph l
Article 7 – paragraph 2 – subparagraph l
Each Member State shall designate thea national authority which is operational 24 hours a day, 7 days a week and shall ensure the exchange and availability of all supplementary information (the SIRENE Bureau) in accordance with the provisions of the SIRENE Manual, as referred to in Article 8. The SIRENE Bureau shall serve as single contact point for Member States to exchange supplementary information regarding alerts and to enable appropriate measures to be taken when persons or objects have been entered in SIS II and are found following a hit.
Amendment 226 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Supplementary information shall be exchanged by the SIRENE Bureaux in accordance with the provisions of the SIRENE Manual and using the Communication Infrastructure set out in Article 4(1)(c). Member States shall provide the necessary technical and personal resources to ensure the continuous availability and quick and efficient exchange of supplementary information. In the event that the Communication Infrastructure is unavailable, Member States may use other adequately secured technical means to exchange supplementary information. Where supplementary information concerns a serious crime or a terrorist offence, Europol’s Secure Information Exchange Network Application (SIENA) shall be the preferred technical backup tool.
Amendment 230 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The SIRENE Bureaux shall carry out their task in a quick and efficient manner, in particular by replying to a request for supplementary information as soon as possible but not later than 126 hours after the receipt of the request.
Amendment 232 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
(3a) In the event of requests for supplementary information regarding a person involved in an activity referred to in Titles II and III of the Directive (UE) 2017/541 on combating terrorism, the SIRENE bureaux must carry out their task immediately.
Amendment 233 #
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
(3b) Requests for supplementary information to be dealt with by the requested Sirene Bureau with highest priority may be marked ‘URGENT’ in the Sirene form, followed by the reason for urgency.
Amendment 234 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Detailed rules for the exchange of supplementary information shall be adopted by means of implementing measuresThe Commission shall be empowered to adopt a delegated act in accordance with Article 54a (new) concerning the adoption of a manual containing detailed rules for the bilateral or multilateral exchange of supplementary information (SIRENE Manual). Since some technical rules have a direct impact on the work of users in the Member States, including the SIRENE Bureaux, those rules should be included in the SIRENE Manual. Therefore annexes to the Manual shall set out, inter alia, rules on transliteration, code tables, forms for communication of supplementary information and other technical application measures for data processing. The Commission shall be empowered to adopt an implementing act in accordance with the examination procedure referred to in Article 55(2) in the form of a manual called the ‘SIRENE Manual’for establishing those rules.
Amendment 237 #
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) deny unauthorised persons access to data-processing equipment and facilities used for processing personal data (equipment, access control and facilities accessentry control);
Amendment 238 #
Proposal for a regulation
Article 10 – paragraph 1 – point e a (new)
Article 10 – paragraph 1 – point e a (new)
Amendment 239 #
Proposal for a regulation
Article 10 – paragraph 1 – point k a (new)
Article 10 – paragraph 1 – point k a (new)
(k a) ensure that installed systems may, in the case of interruption, be restored (‘recovery’);
Amendment 240 #
Proposal for a regulation
Article 10 – paragraph 1 – point k b (new)
Article 10 – paragraph 1 – point k b (new)
(k b) ensure that the functions of SIS II perform, that the appearance of faults in the functions is reported (‘reliability’) and that stored personal data cannot be corrupted by means of a malfunctioning of the system (‘integrity’).
Amendment 245 #
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
(6a) To guarantee that citizens’ rights are upheld with regard to monitoring the lawfulness of data processing, to improve harmonisation between the retention periods in different Member States and to achieve differentiation between the retention period for logs on systematic searches, in particular at border posts, and other searches, for example, during police controls, the Commission shall be empowered to adopt a delegated act in accordance with Article 54a (new) concerning the retention period for logs.
Amendment 246 #
Proposal for a regulation
Article 12 – paragraph 6 b (new)
Article 12 – paragraph 6 b (new)
(6b) The Commission shall be empowered to adopt an implementing act in accordance with Article 55(2) concerning the rules and formats for logs.
Amendment 248 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Before being authorised to process data stored in SIS and periodically after access to SIS data has been granted, the staff of the authorities having a right to access SIS shall receive appropriate training about data-security, data-protection rules and the procedures on data processing as set out in the SIRENE Manual. The staff shall be informed of any relevant criminal offences and penalties. 2. National standards for training users on data quality principles and practice should be established in cooperation with the national SIRENE Bureau. Member States may call upon the staff of the Sirene Bureaux to be involved in the training of all authorities entering alerts, stressing data quality and maximisation of the use of SIS II. 3. Member States are encouraged to take appropriate measures to avoid loss of qualification and experience caused by staff turnover. 4. Common training courses shall be organised at least once a year, to enhance cooperation between SIRENE Bureaux by allowing staff to meet colleagues from other SIRENE Bureaux, share information on national working methods and create a consistent and equivalent level of knowledge. The delivery of training should be in compliance with the Sirene Trainers Manual. 5. To the extent possible, SIRENE Bureaux should also provide for staff exchanges with other SIRENE Bureaux at least once a year. 6. The Agency shall perform tasks related to training on the use of SIS II, in particular for SIRENE staff in accordance with Article 3 of Regulation (EU) No 1077/2011.
Amendment 251 #
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) deny unauthorised persons access to data-processing equipment and facilities used for processing personal data (equipment, access control and facilities accessentry control);
Amendment 252 #
Proposal for a regulation
Article 16 – paragraph 1 – point k a (new)
Article 16 – paragraph 1 – point k a (new)
(k a) ensure that installed systems may, in the case of interruption, be restored (‘recovery’);
Amendment 253 #
Proposal for a regulation
Article 16 – paragraph 1 – point k b (new)
Article 16 – paragraph 1 – point k b (new)
(k b) ensure that the functions of the system perform, that the appearance of faults in the functions is reported (‘reliability’) and that stored personal data cannot be corrupted by means of a malfunctioning of the system (‘integrity’).
Amendment 254 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The logs shall show, in particular, the history of the alerts, the date and time of the data transmitted, the type of data used to perform searches, the reference to the type of data transmitted and the name of the competent authority and of the person responsible for processing the data.
Amendment 259 #
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
(6a) To guarantee that citizens’ rights are upheld with regard to monitoring the lawfulness of data processing, to improve harmonisation between the retention periods in different Member States and to achieve differentiation between the retention period for logs on systematic searches, in particular at border posts, and other searches, for example, during police controls, the Commission shall be empowered to adopt a delegated act in accordance with Article 54a (new) concerning the retention period for logs.
Amendment 260 #
Proposal for a regulation
Article 18 – paragraph 6 b (new)
Article 18 – paragraph 6 b (new)
(6b) The Commission shall be empowered to adopt an implementing act in accordance with Article 55(2) concerning the rules and formats for logs.
Amendment 262 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
The Commission, in cooperation with the national supervisory authorities and the European Data Protection Supervisor, shall regularly, and at least once a year, carry out campaigns informing the publicUnion citizens and third-country nationals about the objectives of SIS, the data stored, the authorities having access to SIS and the rights of data subjects. Member States shall, in cooperation with their national supervisory authorities, devise and implement the necessary policies to inform their citizenspeople residing in their territory about SIS generally.
Amendment 263 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Without prejudice to Article 8(1) or the provisions of this Regulation providing for the storage of additional data, SIS shall contain only those categories of data which are supplied by each of the Member States, as required for the purposes laid down in Articles 24 and 27.
Amendment 266 #
Proposal for a regulation
Article 20 – paragraph 2 – point h
Article 20 – paragraph 2 – point h
(h) sexgender;
Amendment 267 #
Proposal for a regulation
Article 20 – paragraph 2 – point j
Article 20 – paragraph 2 – point j
(j) whether the person concerned is armed, violent, has escaped or is involved in an activity as referred to in Articles 1, 2 , 3Titles II and 4III of Council Framework Decision 2002/475/JHADirective 2017/541 on combating terrorism;
Amendment 270 #
Proposal for a regulation
Article 20 – paragraph 2 – point o
Article 20 – paragraph 2 – point o
(o) link(s) to other alerts issued in SIS pursuant to Article 438;
Amendment 271 #
Proposal for a regulation
Article 20 – paragraph 2 – point q – indent 1
Article 20 – paragraph 2 – point q – indent 1
- a previous conviction as referred to inthreat to public order or public security or to national security, which may constitute the presence of the third- country national in question in the territory of a Member State in accordance with Article 24(2)(a);.
Amendment 272 #
Proposal for a regulation
Article 20 – paragraph 2 – point q – indent 2
Article 20 – paragraph 2 – point q – indent 2
- a serious security threat as referred to inthreat to public order, public security or to national security, which may constitute the presence of the third- country national in question in the territory of a Member State in accordance with Article 24(2)(b);.
Amendment 273 #
Proposal for a regulation
Article 20 – paragraph 2 – point q – indent 2 a (new)
Article 20 – paragraph 2 – point q – indent 2 a (new)
- a threat to public order, public security or to national security which may constitute the presence in the territory of a Member State of a third-country national convicted of a terrorist offence in accordance with Article 24(2)(new).
Amendment 274 #
Proposal for a regulation
Article 20 – paragraph 2 – point q – indent 3
Article 20 – paragraph 2 – point q – indent 3
- an entry ban issued in line with procedures which comply with Directive 2008/115/EC as referred to in Article 24(3); or
Amendment 280 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. In the application of Article 24(2) Member States shall, in all circumstances, create such an alert in relation to a third- country nationals if the offence falls under Articles 1 – 4 of Council Framework Decision 2002/475/JHA on combating terrorism71. _________________ 71Council Framework Decision 2002/475/JHA of 13 June 2002decision referred to in Article 24(1) concerns a third- country national who has been convicted of one of the offences referred to in Directive 2017/541 on combatting terrorism (OJ L 164, 22.6.2002 p.6)or a custodial sentence of less than 5 years.
Amendment 284 #
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
(2a) When a Member State has a photograph, facial image or dactylographic data of a person who has been entered in SIS by another Member State, the former must, without prejudice to paragraph 1, send the photograph, image or data as soon as possible to enable the latter to complete the alert.
Amendment 285 #
Proposal for a regulation
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
(2b) Photographs, facial images and dactylographic data of minors must be entered with full regard for the best interest of the child as laid down in Article 4 of the Charter of Fundamental Rights of the European Union and Article 3 of the United Nations Convention on the Rights of the Child of 1989.
Amendment 286 #
Proposal for a regulation
Article 22 – paragraph 2 c (new)
Article 22 – paragraph 2 c (new)
(2c) Any entry of photographs, facial images or dactylographic data may not exceed what is necessary for the objective of general interest pursued, and must be covered by appropriate guarantees. Any entry of photographs, facial images or dactylographic data must be authorised by Union or Member State law. Any entry of photographs, facial images or dactylographic data within the framework of SIS II, including retention and use for identification purposes, must comply with the relevant provisions on data protection laid down in the SIS II legal instruments, and with Regulation (EU) 2016/679 and the provisions of Directive 2016/680. The provisions laid down in those legal instruments apply to the entry of photographs, facial images and dactylographic data of third-country nationals and Union citizens. In accordance with the purpose- specification principle, the purpose and method for entering photographs, facial images and dactylographic data in SIS II must be clearly defined. To that end, the Commission shall be empowered to adopt an implementing act in accordance with Article 55(2).
Amendment 287 #
Proposal for a regulation
Article 22 – paragraph 2 d (new)
Article 22 – paragraph 2 d (new)
(2d) The Commission shall be empowered to adopt a delegated act that describes in detail the rules and procedures in accordance with Article 54a (new) for entering an Automated Fingerprint Identification System (AFIS) in SIS.
Amendment 293 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejudice to Article 22, where available, all other data listed in Article 20(2) shall also be entered.
Amendment 294 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23a Alert update when an issuing Member State has relevant additional or modified data as listed in Article 20(2), the Member State shall complete or correct the alert without delay.
Amendment 295 #
Proposal for a regulation
Article 23 b (new)
Article 23 b (new)
Article 23 b Compatibility of alerts 1. Before entering a new alert, the Member State shall check whether the person is already the subject of an alert in SIS. 2. Only one alert per Member State may be entered in SIS II for any one person. Several Member States may enter an alert on the same person if the alerts are compatible. 3. Where a person is already the subject of an alert in SIS, a Member State that wishes to enter a new alert shall check, in accordance with the compatibility table of alerts on persons referred to in the SIRENE Manual, that there is no incompatibility between the alerts. If there is no incompatibility, the Member State shall enter the new alert. If the alerts are incompatible, the SIRENE Bureaux concerned shall consult with each other by exchanging supplementary information in order to reach an agreement in line with the order of priority referred to in the SIRENE Manual. Departures from that order of priority may be made after consultation between the Member States if essential national interests are at stake.
Amendment 307 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
(2a) Under all circumstances, an alert shall be created if the decision referred to in paragraph 1 concerns a third-country national who has been convicted in a Member State of one of the offences referred to in Directive 2017/541 on combating terrorism.
Amendment 309 #
Proposal for a regulation
Article 24 – paragraph 2 b (new)
Article 24 – paragraph 2 b (new)
(2b) Under all circumstances, an alert shall be created if the decision referred to in paragraph 1 concerns a third-country national who has been convicted in a Member State of an offence carrying a penalty involving the deprivation of liberty of at least five years.
Amendment 312 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a Conditions for alerts on refusal of entry concerning persons involved in an activity referred to in Titles II and III of Directive (EU) 2017/541 on combating terrorism; 1. Where a Member State issues an alert on refusal of entry or stay concerning a person involved in an activity referred to in Directive 2017/541, the Member State shall in parallel share this information with Europol’s European Counter Terrorism Centre. 2. In the event of a hit on an alert for refusal of entry and stay concerning a person involved in an activity referred to in the previous paragraph, the executing Member State shall immediately inform the issuing Member State and Europol’s European Counter Terrorism Centre. 3. To this end, the Commission shall be empowered to adopt an implementing act in accordance with Article 55(2) specifying the communication modalities.
Amendment 315 #
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article 27a Action to be taken regarding alerts 1. In the event of a hit concerning a third- country national about whom an alert has been issued in accordance with Articles 24 and 27, the competent authority should, without prejudice to Article (25(2) and the principles and provisions of the Geneva Convention of 1951 and in particular regarding the principle of non- refoulement: (a) refuse to issue the person with a visa or travel authorisation or; (b) refuse entry into the territory. In the case of a hit registered within the territory, the third-country national in question must be arrested, questioned and handed over to the competent authorities for them to decide on the action needed. 2. Supplementary detail concerning taking actions and the exchange of supplementary information is described in the SIRENE Manual.
Amendment 318 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Photographs, facial images and dactylographic data shall be retrieved from SIS to verifyconfirm the identity of a person who has been located as a result of an alphanumeric search made in SIS.
Amendment 320 #
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
(1a) To check whether the person already appears in SIS under another identity or description, a fingerprint search can be carried out before a new alert is issued.
Amendment 327 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Dactylographic data stored in SIS in relation to alerts issued under Article 24 and Article 27 may also be searched with complete or incomplete sets of fingerprints or palm prints discovered at the scenes of crimes under investigation and where it can be established to a high degree of probability that they belong to the perpetrator of the offence provided that the competent authorities are unable to establish the identity of the person by using any other national, European or international database.
Amendment 330 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. As soon as this becomes technically possible, and while ensuring a high degree of reliability of identification, photographs and facial images may be used to identify a person and within the framework of the purposes and conditions referred to in paragraph 3. Identification based on photographs or facial images shall only be used in the context of regular border crossing points where self-service systems and automated border control systems are in use and within the framework of the purposes and conditions referred to in paragraph 3. Before that functionality is introduced in SIS, the Commission should present a report on the availability and level of development of the requisite technology. The Parliament shall be consulted for the production of that report.
Amendment 333 #
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
(4a) Any processing of photographs, facial images or dactylographic data may not exceed what is necessary for the objective of general interest pursued, and must be covered by appropriate guarantees. Any use of photographs, facial images or dactylographic data must be authorised by Union or Member State law. Any processing of photographs, facial images or dactylographic data in SIS II, including retention and use for identification purposes, must comply with the relevant provisions on data protection laid down by the SIS II legal instruments, as well as with Regulation (EU) 2016/679 and the provisions of Directive 2016/680. The provisions laid down in those legal instruments apply to the processing of photographs, facial images and dactylographic data of third-country nationals and Union citizens. In accordance with the purpose- specification principle, the purpose and method for using photographs, facial images and dactylographic data in SIS II must be clearly defined. To that end, the Commission shall be empowered to adopt an implementing act in accordance with Article 55(2).
Amendment 334 #
(4b) Photographs, facial images and dactylographic data of minors must be processed with full regard for the best interest of the child as laid down in Article 24 of the Charter of Fundamental Rights of the European Union and Article 3 of the United Nations Convention on the Rights of the Child of 1989.
Amendment 335 #
Proposal for a regulation
Article 28 – paragraph 4 c (new)
Article 28 – paragraph 4 c (new)
(4c) The Commission shall be empowered to adopt a delegated act in accordance with Article 54a (new) for introducing an Automated Fingerprint Identification System (AFIS) in SIS.
Amendment 338 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Where a search by Europol reveals the existence of an alert in SIS, Europol shall inform the issuing Member State through the exchange of supplementary information by means of the communication infrastructure and in accordance with the provisions set out in the SIRENE Manual. Until Europol is able to use the functionalities intended for the exchange of supplementary information, it shall inform issuing Member States via the channels defined by Regulation (EU) 2016/794.
Amendment 341 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The use of information obtained from a search in the SIS is subject to the consent of the issuing Member State concerned. If the Member State allows the use of such information, the handling thereof by Europol shall be governed by Regulation (EU) 2016/794. Europol may only communicate such information to third countries and third bodies with the consent of the issuing Member State concerned.
Amendment 342 #
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Europol may request further information from the issuing Member State concerned in accordance with the provisions of Regulation (EU) 2016/794.
Amendment 344 #
Proposal for a regulation
Article 30 – paragraph 9
Article 30 – paragraph 9
9. For the purpose of verifying the lawfulness of data processing, self- monitoring and ensuring proper data security and integrity Europol should keep logs of every access to and search in SIS. Such logs and documentation shall not be considered to be the unlawful downloading or copying of any part of SIS. The content, retention period and rules and formats for the logs are defined in accordance with Article 12.
Amendment 353 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. TDuly authorised staff from the European Border and Coast Guard Agency shall, for the purpose of analysing the threats that may affect the functioning or security of the external bordersand assessing the vulnerability referred to in Articles 11 and 13 of Regulation (EU) 2016/1624, have the right to access and search data entered in SIS, in accordance with Articles 24 and 27.
Amendment 358 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. TDuly authorised staff from the ETIAS Central Unit of the European Border and Coast Guard Agency shall, for the purpose of performing its tasks conferred on it by the Regulation establishing a European Travel Information and Authorisation System (ETIAS), have the right to access and verify data entered in SIS, in accordance with Articles 24 and 27.]
Amendment 361 #
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. Where a verification by the European Border and Coast Guard Agency for the purposes of paragraph 2TIAS Central Unit reveals the existence of an alert in SIS, the procedure set out in Articles 20 and 22 of Regulation establishing a European Travel Information and Authorisation System (ETIAS) shall appliesy.
Amendment 363 #
Proposal for a regulation
Article 32 – paragraph 7
Article 32 – paragraph 7
7. Every instance of access and every search made by the European Border and Coast Guard Agency and the ETIAS Central Unit shall be logged in accordance with the provisions of Article 12 and every use made of data accessed by the European Border and Coast Guard Agency shall be registered.
Amendment 366 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. A Member State issuing an alert shall, within fivthree years of its entry into SIS, review the need to retain it, except for alerts concerning an entry ban issued in accordance with Article 24(3) for which the review period is five years.
Amendment 371 #
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. Within the review period, the Member State issuing the alert may, following a comprehensive individual assessment, which shall be recorded, decide to keep the alert longer, should this prove necessary for the purposes for which the alert was issued. In such a case, paragraph 2 shall apply also to the extension. Any extension of an alert shall be communicated to CS-SIS. Extensions to the expiry date of a SIS alert shall be subject to the proportionality requirement, and it shall be examined whether a specific case is appropriate, relevant and important enough to extend an alert in SIS.
Amendment 373 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Alerts on refusal of entry and stay pursuant to Article 24 shall be deleted whenas soon as the decision on which the alert was entered has been withdrawn by the competent authority, where applicable following the consultation procedure referred to in Article 26.
Amendment 375 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Alerts relating to third-country nationals who are the subject of a restrictive measure as referred to in Article 27 shall be deleted whenas soon as the measure implementing the travel ban has been terminated, suspended or annulled.
Amendment 376 #
Proposal for a regulation
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
(2a) Alerts issued in accordance with Articles 24 and 27 shall automatically be deleted as soon as the alert expires in accordance with Article 34.
Amendment 377 #
Proposal for a regulation
Article 35 – paragraph 2 b (new)
Article 35 – paragraph 2 b (new)
(2b) Alerts issued in accordance with Articles 24 and 27 shall be deleted when necessary in accordance with the provisions regarding the compatibility of alerts set out in Article 23b.
Amendment 385 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
If a requested action cannot be performed, the following procedure applies: (a) The requested Member State shall immediately inform the issuing Member State issuing the alert. via its SIRENE Bureau stating why not, in accordance with the provisions set out in the SIRENE Manual. (b) the Member States concerned may agree on the action to be taken in line with their own national laws and the SIS II legal instruments. (c) If a requested action to be taken cannot be carried out with regard to persons involved in an activity referred to in Titles II and II of Directive (EU) 2017/541 on combating terrorism, the requested Member State shall immediately inform Europol’s European Counter Terrorism Centre;
Amendment 386 #
Proposal for a regulation
Article 39 – paragraph 2 a (new)
Article 39 – paragraph 2 a (new)
(2a) In accordance with Article 23a, when an issuing Member State has relevant additional or modified data as listed in Article 20(2), the Member State shall complete or correct the alert without delay.
Amendment 389 #
Proposal for a regulation
Article 39 – paragraph 3 a (new)
Article 39 – paragraph 3 a (new)
(3a) Where a Member State other than the issuing Member State has a photograph, facial image or dactyloscopic data of a person who has been entered in SIS by another Member State, the former must, in compliance with the provisions set out in Article 22, send the data as soon as possible to the issuing Member State to enable it to complete the alert in question.
Amendment 390 #
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
4. Where the Member States are unable to reach agreement within two months of the time when the evidence first came to light, as described in paragraph 3, the Member State which did not issue the alert shall submit the matter to the national supervisory authorities concerned for a decisionand to the European Data Protection Supervisor for a decision, following the cooperation provisions set out in Article 52.
Amendment 393 #
Proposal for a regulation
Article 39 – paragraph 6
Article 39 – paragraph 6
Amendment 398 #
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
(b) (b) where the cross-check reveals that the subject of the new alert and the person already in SIS are indeed one and the same, the SIRENE Bureau shall apply the procedure for entering multiple alerts as referred to in Article 39(623b(3). Where the outcome of the check is that there are in fact two different persons, the SIRENE Bureau shall approve the request for entering the second alert by adding the necessary elements to avoid any misidentifications.
Amendment 399 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Where confusion may arise between the person actually intended as the subject of an alert and a person whose identity has been misused, the issuing Member State shall, subject to that person's explicit consent, add data relating to the latter to the alert in order to avoid the negative consequences of misidentification. Any person whose identity has been misused has the right to withdraw his consent for the information to be processed.
Amendment 408 #
Proposal for a regulation
Article 47 – title
Article 47 – title
Right of access, rectification of inaccurate data and erasure and restriction of the processing of unlawfully stored data
Amendment 410 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. The right of data subjects to have access to data relating to them entered in SIS and to have such data rectified or erased shall be exercisedor to obtain compensation or a processing restriction shall be exercised in compliance with Regulation 2016/679 and Directive (EU) 2016/680, in accordance with the law of the Member State before which they invoke that right.
Amendment 414 #
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
5. The person concerned shall be informed as soon as possible and in any event not later than 630 days from the date on which he applies for access or sooner if national law so provides.
Amendment 416 #
Proposal for a regulation
Article 47 – paragraph 6
Article 47 – paragraph 6
6. The person concerned shall be informed about the follow-up given to the exercise of his rights of rectification and erasure, erasure and processing restriction as soon as possible and in any event not later than three month60 days from the date on which he applies for rectification or erasure or sooner if national law so provides.
Amendment 418 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Third-country nationals who are the subject of an alert issued in accordance with this Regulation shall be informed by the issuing Member State as soon as possible and in any event no later than 30 days after the creation of the alert concerning them, in accordance with Articles 103 and 114 of Regulation (EU) 2016/679 or Articles 12 and 13 of Directive 95/46/EC(EU) 2016/680. This information shall be provided in writing, together with a copy of or a reference to the national decision giving rise to the alert, as referred to in Article 24(1).
Amendment 421 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Any person may bring an action before the courts or the authority competent under the law of any Member State to access, rectify, delete or erase information or to obtain a processing restriction and compensation in connection with an alert relating to him.
Amendment 423 #
Proposal for a regulation
Article 49 – paragraph 3 – subparagraph 1 – point c
Article 49 – paragraph 3 – subparagraph 1 – point c
(c) the number of requests for the rectification of inaccurate data and the erasure or restriction of the processing of unlawfully stored data to the data controller and the number of cases where the data were corrected or deleted;
Amendment 424 #
Proposal for a regulation
Article 49 – paragraph 3 – subparagraph 1 – point d
Article 49 – paragraph 3 – subparagraph 1 – point d
(d) the number of requests for the rectification of inaccurate data and the erasure or restriction of the processing of unlawfully stored data submitted to the national supervisory authority;
Amendment 425 #
Proposal for a regulation
Article 49 – paragraph 3 – subparagraph 1 – point f
Article 49 – paragraph 3 – subparagraph 1 – point f
(f) the number of cases where the court ruled in favour of the applicant in any aspect of the case and the number of cases where compensation was obtained;
Amendment 427 #
Proposal for a regulation
Article 50 – paragraph 1 a (new)
Article 50 – paragraph 1 a (new)
(1a) Each Member State shall ensure that its national supervisory authority has access to advice from persons with sufficient knowledge of fingerprint data.
Amendment 428 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. The European Data Protection Supervisor shall ensure that the personal data processing activities of the Agency are carried out in accordance with this Regulation and with Regulation 2016/679. The duties and powers referred to in Articles 46 and 47 of Regulation (EC) No 45/2001 shall apply accordingly.
Amendment 435 #
Proposal for a regulation
Article 53 – title
Article 53 – title
Liability and penalties
Amendment 436 #
Proposal for a regulation
Article 53 – paragraph 1 a (new)
Article 53 – paragraph 1 a (new)
(1a) Any person who, or Member State which, has suffered material or immaterial damage as a result of an unlawful processing operation or any act incompatible with this Regulation shall be entitled to receive compensation from the Member State responsible for the damage suffered. The Member State shall be partially or fully relieved of that liability if it proves that the harmful event cannot be attributed to it. Claims for compensation brought against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of national law of the defendant Member State, in accordance with Regulation (EU) 2016/671 and Directive (EU) 2016/680.
Amendment 437 #
Proposal for a regulation
Article 53 – paragraph 1 b (new)
Article 53 – paragraph 1 b (new)
Amendment 438 #
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. The Agency shall produce, daily, monthly and annual statistics showing the number of records per category of alert, the annual number of hits per category of alert, how many times SIS was searched and how many times SIS was accessed for the purpose of entering, completing, updating or deleting an alert in total and for each Member State, including statistics on the consultation procedure referred to in Article 26. The statistics produced shall not contain any personal data. The annual statistical report shall be published.
Amendment 440 #
Proposal for a regulation
Article 54 – paragraph 5
Article 54 – paragraph 5
5. The Agency shall provide the Member States, the Commission, the European Parliament, Europol and the European Border and Coast Guard Agency with any statistical reports that it produces. In order to monitor the implementation of legal acts of the Union, the Commission shall be able to request the Agency to provide additional specific statistical reports, either regular or ad-hoc, on the performance or use of SIS and SIRENE communication.
Amendment 442 #
Proposal for a regulation
Article 54 – paragraph 7
Article 54 – paragraph 7
7. Two years after SIS is brought into operation and every two years thereafter, the Agency shall submit to the European Parliament and the Council a report on the technical functioning of Central SIS and the Communication Infrastructure, including the security thereof, and on the introduction of the automated fingerprint identification system, and the bilateral and multilateral exchange of supplementary information between Member States.
Amendment 445 #
Proposal for a regulation
Article 54 – paragraph 8
Article 54 – paragraph 8
8. Three years after SIS is brought into operation and every four years thereafter, the Commission shall produce an overall evaluation of Central SIS and the bilateral and multilateral exchange of supplementary information between Member States. That overall evaluation shall include an examination of results achieved against objectives, and an assessment of the continuing validity of the underlying rationale, the application of this Regulation in respect of Central SIS, the security of Central SIS and any implications for future operations. The overall evaluation report shall also include the creation of an automated fingerprint file function and SIS information campaigns organised by the Commission in accordance with Article 19. The Commission shall transmit the evaluation to the European Parliament and the Council.
Amendment 447 #
Proposal for a regulation
Article 54 – paragraph 8 a (new)
Article 54 – paragraph 8 a (new)
(8a) One year after the Regulation has entered into force, the Commission and the Agency shall develop the Automated Fingerprint Identification System (AFIS) function.
Amendment 448 #
(8b) Within two years after the Regulation has entered into force, Member States should have started with the adjustments needed to introduce an Automated Fingerprint Identification System (AFIS).