117 Amendments of Petr JEŽEK related to 2016/0409(COD)
Amendment 173 #
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 uplarge investments are needed to bolster and improve the central system and its backup system(s).
Amendment 174 #
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 (SIRENE manual). National authorities in each Member State (the SIRENE Bureaux), should ensure the quick and efficient exchange of this information.
Amendment 177 #
Proposal for a regulation
Recital 9
Recital 9
(9) In order to maintain theguarantee the quick 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 the available resources, user training and the response time to the inquiries received from other SIRENE Bureaux.
Amendment 179 #
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 Member States. With a view to improving the quality and processing of data by end users, the eu-LISA agency must also be responsible for organising, particularly for Sirene staff, training on how to use SIS II, in accordance with Article 3 of its Regulation. (Regulation (EU) No 1077/2011)
Amendment 180 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) With a view to ensuring the security of SIS data processing carried out by end users, the Member States must make sure that staff who have access to SIS receive regular training on the security and data protection rules and on the processes related to data processing set out in the SIRENE manual.
Amendment 181 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to allow better monitoring of the use of SIS to analyse trends concerning criminal offences, 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 185 #
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 to ensure consistency in border control procedures where the identification and the verification of identity are required by the use of fingerprints and facial images. Searching with dactylographscopic data should be mandatory if there is any doubt concerning the identity of a person. A consultation with the help of fingerprints may be carried out before the entry of a new alert in order to check whether the person is already the subject of an alert in SIS under another identity or another alert. Facial images for identification purposes should only be used in the context of regular border controls in self-service kiosks and electronic gates.
Amendment 193 #
Proposal for a regulation
Recital 19
Recital 19
(19) Fingerprints and palm prints found at a crime scene should be allowed to be checked against the fingerprintsdactylographic 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/JHA47 and ‘terrorist offence’ should be offences under national law referred to in Council Framework Decision 2002/475/JHA48 . _________________ 47Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member State (OJ L 190, 18.7.2002, p. 1). 48Council Framework Decision 2002/475/JHA of 13 June 2002Directive (EU) of 15 March 2017 on combatting terrorism (OJ L 164, 22.6.2002 p.6).
Amendment 196 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Any processing of photographs, facial images, DNA profiles and dactyloscopic data must not go beyond what is necessary to achieve the general objective being pursued and must be subject to the appropriate guarantees. Any use of photographs, facial images, DNA profiles or dactyloscopic data must be authorised under EU law or the law of the Member States. Any processing of photographs, facial images, DNA profiles or dactyloscopic data within the framework of SIS, including retention and use for identification purposes, must comply with the applicable provisions on data protection provided for in the SIS legal instruments, Regulation (EU) 2016/679 and the provisions in Directive 2016/680. The provisions in the legal instruments shall apply to the processing of photographs, facial images, DNA profiles and the dactyloscopic data of third-country nationals and EU citizens. In accordance with the principle of specifying the purpose, the method of use and the purpose for photographs, DNA profiles, facial images and dactyloscopic data in the SIS must be clearly defined. To that end, the Commission must be authorised to adopt an implementing act in accordance with Article 55(2).
Amendment 197 #
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) Any processing of photographs, facial images or dactyloscopic data of minors should be carried out in full observance of the child’s best interest as laid down in Article 3 of the 1989 United Nations Convention on the Rights of the Child.
Amendment 203 #
Proposal for a regulation
Recital 23
Recital 23
(23) SIS should contain alerts on missing persons to ensure their protection or to prevent threats to public security. Issuing, at the request of the competent judiciary authority, an alert in SIS for children at risk of abduction (i.e. in order to prevent a future harm that has not yet taken place as in the case of children who are at risk of parental abduction) should be limited, therefore it is appropriate to provide for strict and appand for minors in danger (as may be the case when there is a genuine and manifest risk that the child will imminently be removed from the Member State for the purpose of forced marriage, genital mutilation or activities linked to a terropriate safeguardsst offence as referred to in Titles II and III of Directive 2017/541). In cases of children, these alerts and the corresponding procedures should serve the best interests of the child having regard to Article 24 of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child of 20 November 1989.
Amendment 217 #
Proposal for a regulation
Recital 24
Recital 24
(24) A new action should be included for cases of suspected terrorism and serious crime, allowing for a person who is suspected to have committed a serious crime or where there is a reason to believe that he or she will commit a serious crime, to be stopped and questioned in order to supply the most detailed information to the issuing Member State (investigation check). This new action should not amount either to searching the person or to his or her arrest. It should supply, however, sufficient information to decide about further actions. Serious crime should be the offences listed in Council Framework Decision 2002/584/JHA.
Amendment 218 #
Proposal for a regulation
Recital 29
Recital 29
(29) 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 different authorities involved in processing data on individuals for different purposes, it is appropriate to align the retention period of alerts on persons with the retention periods envisaged for return and illegal stay purposes. Moreover, Member States regularly extend the expiry date of alerts on persons if the required action could not be taken within the original time period. Therefore, tThe retention period for alerts on persons should be a maximum of fivthree years. Under the general principle, alerts on persons should be automatically deleted from SIS after a period of fivthree years, except those entered for the purpose of a discreet, specific or investigative check, which must be deleted after a year. Alerts on objects for the purpose of discreet, investigative or specific checks should be automatically deleted from SIS after a year, as they are still linked to persons. Alerts on objects for seizure or use as evidence in criminal proceedings should be automatically deleted from SIS after a period of five years, as after such a period the likelihood of finding them is very low and their economic value is significantly diminished. Alerts on issued and blank identification documents should be kept for 10 years, as the validity period of documents is 10 years at the time of issuance. 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 222 #
Proposal for a regulation
Recital 30
Recital 30
(30) 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. Offences pursuant to Articles 1, 2, 3Titles II and 4III of Council Framework Decision 2002/475/JHADirective 2017/541 on combating terrorism50 constitute a very serious threat to public security and integrity of life of individuals and to society, and these offences are extremely difficult to prevent, detect and investigate in an area without internal border controls where potential offenders circulate freely. Where a person or object is sought or monitored as part of criminal proceedings in relation to these offences, it is always necessary to create the corresponding alert in SIS on persons sought for a criminal judicial procedure, on persons or objects subject to a discreet, inquiry and specific check as well as on objects for seizure, as no other means would be as effective in relation to that purpose. The term ‘criminal proceedings’ is understood to cover all stages of the proceedings, from the moment a person is suspected or accused of having committed a criminal offence until the decision on the final determination of whether that person committed the criminal offence concerned has become definitive. In exceptional circumstances, the Member States should be able to derogate from that obligation only if entering an alert risks jeopardising an ongoing investigation or the safety of an individual, or when it would be contrary to the essential security interests of the Member State concerned. _________________ 50 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002 p.3).
Amendment 226 #
Proposal for a regulation
Recital 32
Recital 32
(32) 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 data processing should be bound by the security requirements of this Regulation and, given the correct training on data processing, be subject to a uniform incident reporting procedure and informed of potential criminal offences and penalties in this field.
Amendment 228 #
Proposal for a regulation
Recital 33
Recital 33
(33) Data processed in SIS and the related supplementary information exchanged in application of this Regulation should not be transferred or made available to third countries or to international organisations. However, it is appropriate to strengthen cooperation between the European Union and Interpol by promoting an efficient exchange of passport data. Where personal data is transferred from SIS to Interpol, these personal data should be subject to an adequate level of protection, guaranteed by an agreement, providing strict safeguards and conditions.
Amendment 234 #
Proposal for a regulation
Recital 41
Recital 41
(41) 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 subsequent exchange and processing of supplementary information. The rights of data subjects for access, rectification and, removal, erasure of their personal data stored in SIS and of indemnity, 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 States a standard statistical system for annual reporting through a cooperation mechanism between the national supervising authorities and the European data protection supervisor.
Amendment 238 #
Proposal for a regulation
Recital 43
Recital 43
(43) 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. The extension of Europol's access rights to the SIS alerts on missing persons should further improve Europol's capacity to provide national law enforcement authorities with comprehensive operational and analytical products concerning trafficking in human beings and child sexual exploitation, including online. This would contribute to better prevention of these criminal offences, the protection of potential victims and to the investigation of perpetrators. Europol's European Cybercrime Centre would also benefit from new Europol access to SIS alerts on missing persons, including in cases of travelling sex offenders and child sexual abuse online, where perpetrators often claim that they have access to children or can get access to children who might have been registered as missing. Furthermore, since 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 or stay within the territory of a Member State either on the basis of restrictive measures or on criminal grounds or because of non-compliance with visa and stay conditions.
Amendment 240 #
Proposal for a regulation
Recital 44
Recital 44
(44) 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 when 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 255 #
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 256 #
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) 'confirmed identity' (identity established) means an identity that has been confirmed on the basis of genuine ID documents, by passport or by statement from the competent authorities;
Amendment 257 #
Proposal for a regulation
Article 3 – paragraph 1 – point e b (new)
Article 3 – paragraph 1 – point e b (new)
(eb) 'non-confirmed identity' means that there is not sufficient proof of the identity;
Amendment 258 #
Proposal for a regulation
Article 3 – paragraph 1 – point e c (new)
Article 3 – paragraph 1 – point e c (new)
(ec) 'identity theft' (surname, first name, date of birth) is when a person, identified in the SIS, is using the identity of another person;
Amendment 259 #
Proposal for a regulation
Article 3 – paragraph 1 – point e d (new)
Article 3 – paragraph 1 – point e d (new)
Amendment 268 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Each Member State shall designate the 24/7 fully operational national authority which 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 the sole point of contact to Member States for the exchange of supplementary information on alerts and to make it possible for the appropriate measures to be adopted when persons and objects have been registered in SIS II and are found following a hit.
Amendment 269 #
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 provided for in Article 4(1)(c). Member States shall provide the necessary technical and personal resources to ensure the continuous availability and rapid 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. In cases where the supplementary information concerns a serious crime or terrorist offence, Europol’s secure information exchange network SIENA should be the favoured technical backup method.
Amendment 272 #
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 276 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
(3a) Requests for supplementary information to be dealt with as a priority by the requested Sirene Bureau may be marked ‘URGENT’ in the Sirene form and followed by the reason for the urgency.
Amendment 277 #
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
(3b) In the case of requests for supplementary information regarding a person involved in an activity referred to in Titles II and III of Directive (EU) 2017/541 on combating terrorism, the SIRENE Bureaux must carry out their task immediately.
Amendment 278 #
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 is authorised to adopt a delegated act in accordance with the procedure referred to in Article xxx regarding the instruction manual which describes in detail the rules and procedures governing the bilateral or multilateral exchange of supplementary ‘SIRENE manual’ information. Certain rules of a technical nature with a direct impact on the work of users in the Member States, particularly the SIRENE Bureaux, should be included in the SIRENE Manual. Appendices to this Manual shall set out, inter alia, rules on transliteration, code tables, forms for communication of supplementary information and other technical implementing measures for data processing. The Commission is authorised to adopt a delegated act in accordance with the examination procedure referred to in Article 72 55(2) in the form of a manual called the ‘SIRENE Manual’. to establish those rules.
Amendment 281 #
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) deny unauthorised persons access to data-processing material and facilities used for processing personal data (facilities accessmaterial, access control and facility entry control);
Amendment 282 #
(ba) prevent the unauthorised processing of data in SIS and any unauthorised modification or erasure of data processed in SIS (control of data entry);
Amendment 283 #
Proposal for a regulation
Article 10 – paragraph 1 – point k a (new)
Article 10 – paragraph 1 – point k a (new)
(ka) ensure that installed systems may, in the case of interruption, be restored (‘recovery’);
Amendment 284 #
Proposal for a regulation
Article 10 – paragraph 1 – point k b (new)
Article 10 – paragraph 1 – point k b (new)
(kb) 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 289 #
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
(6a) The Commission is authorised to adopt a delegated act, in accordance with Article XXX regarding the retention period for logs, in order to ensure that the rights of citizens are upheld when it comes to verifying the legality of data processing, and to achieve greater harmonisation of the retention period between Member States and differentiation between the retention period for logs on systematic consultations, particularly at border posts, and other consultations, particularly on the basis of police checks.
Amendment 290 #
Proposal for a regulation
Article 12 – paragraph 6 b (new)
Article 12 – paragraph 6 b (new)
(6b) The Commission is authorised to adopt an implementing act in accordance with Article 72(2) on the methods of communication and the format of logs for recording information.
Amendment 293 #
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. As far as possible, Sirene Bureaux should also expect to set up staff exchanges with other Sirene Bureaux at least once a year. 6. The agency eu-LISA shall carry out the tasks related to training on the use of SIS II, particularly for Sirene staff, in accordance with Article 3 of Regulation (EU) No 1077/2011.
Amendment 297 #
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) deny unauthorised persons access to data-processing material and facilities used for processing personal data (facilities accessmaterial, access control and facility entry control);
Amendment 298 #
Proposal for a regulation
Article 16 – paragraph 1 – point k a (new)
Article 16 – paragraph 1 – point k a (new)
(ka) ensure that installed systems may, in the case of interruption, be restored (‘recovery’);
Amendment 299 #
Proposal for a regulation
Article 16 – paragraph 1 – point k b (new)
Article 16 – paragraph 1 – point k b (new)
(kb) 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 300 #
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 the person responsible for processing the data.
Amendment 305 #
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
(6a) The Commission is authorised to adopt a delegated act, in accordance with Article XXX regarding the retention period for logs, in order to ensure that the rights of citizens are upheld when it comes to verifying the legality of data processing, and to achieve greater harmonisation of the retention period between Member States and differentiation between the retention period for logs on systematic consultations, particularly at border posts, and other consultations, particularly on the basis of police checks.
Amendment 306 #
Proposal for a regulation
Article 18 – paragraph 6 b (new)
Article 18 – paragraph 6 b (new)
(6b) The Commission is authorised to adopt an implementing act in accordance with Article 72(2) on the methods of communication and the format of logs for recording information.
Amendment 308 #
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 per year carry out campaigns informing the publicEU 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 citizensresidents in their territory about SIS generally.
Amendment 311 #
Proposal for a regulation
Article 20 – paragraph 3 – point h
Article 20 – paragraph 3 – point h
(h) sexgender;
Amendment 313 #
Proposal for a regulation
Article 20 – paragraph 3 – point j
Article 20 – paragraph 3 – 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 (EU) 2017/541 on combating terrorism;
Amendment 323 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Where a person or an object is sought or monitored by a Member State as part of a criminal proceeding in relation to an offence that falls under Articles 1 to 4 of Council Framework Decision 2002/475/JHATitles II and III of Directive 2017/541 on combating terrorism, the Member State shall, in all circumstances, create the corresponding alert under either Article 34, 36 or 38 as appropriate.
Amendment 325 #
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
(2a) In exceptional circumstances, paragraph 2 is not applicable where the sharing of information would jeopardise current investigations or the safety of an individual, nor when it would be contrary to essential interests of the security of the Member State concerned.
Amendment 339 #
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
Amendment 340 #
Proposal for a regulation
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
(2b) Any entry of photographs, facial images, DNA profiles and dactyloscopic data of minors should be carried out in full observance of the child’s best interest as laid down in Article 24 of the EU Charter of Fundamental Rights and Article 3 of the 1989 United Nations Convention on the Rights of the Child.
Amendment 341 #
Proposal for a regulation
Article 22 – paragraph 2 c (new)
Article 22 – paragraph 2 c (new)
(2c) Any entry of photographs, facial images, DNA profiles and dactylographic data must not go beyond what is necessary to achieve the general objective being pursued and must be subject to the appropriate guarantees. Any entry of photographs, facial images, DNA profiles and dactylographic data must be authorised under EU law or the law of the Member States. Any entry of photographs, facial images, DNA profiles and dactylographic data as part of SIS II, including conservation and use for identification purposes, must comply with the applicable provisions on data protection provided for in the SIS II legal instruments, Regulation (EU) 2016/679 and the provisions in Directive 2016/680. The provisions in the legal instruments shall apply to the processing of photographs, facial images, DNA profiles and the dactylographic data of third- country nationals and EU citizens. In accordance with the principle of specifying the purpose, the purpose and the method of use for photographs, facial images, DNA profiles and dactylographic data in SIS II must be clearly defined. To that end, the Commission is authorised to adopt an implementing act in accordance with Article 55(2).
Amendment 342 #
Proposal for a regulation
Article 22 – paragraph 2 d (new)
Article 22 – paragraph 2 d (new)
2d The Commission is authorised to adopt a delegated act which describes the rules and procedures in accordance with Article XXX to introduce an Automated Fingerprint Identification System (AFIS) into SIS.
Amendment 348 #
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(3) shall also be entered.
Amendment 349 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23a Updating an alert if an issuing Member State has relevant additional or modified data as listed in Article 20(2), it shall complete or correct the alert in question without delay.
Amendment 350 #
Proposal for a regulation
Article 23 b (new)
Article 23 b (new)
Article 23b Compatibility of alerts 1. Before a new alert is entered, the Member State shall verify whether the individual 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. If a person is already the subject of an alert in SIS, the Member State wishing to enter a new alert shall verify, in accordance with the compatibility table for alerts on persons provided for 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, consultations between the relevant SIRENE Bureaux shall take place by means of exchanges of supplementary information so that an agreement can be reached in accordance with the order of priority of alerts provided for in the SIRENE manual. Departures from that order of priority may be made after consultation between the SIRENE Bureaux if essential national interests are at stake.
Amendment 352 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a Requirements for alerts concerning persons involved in an activity referred to in Titles II and III of Directive (EU) 2017/541 on combating terrorism; 1. If a Member State intends to enter an alert on a person who is involved in an activity covered by Directive 2017/541, it shall simultaneously share the information with Europol’s European Centre for Combating Terrorism. 2. In the event of a hit regarding a person involved in an activity covered by the preceding paragraph, the executing Member State shall immediately inform the Member State that initiated the alert and Europol’s European Centre for Combating Terrorism. 3. To that end, the Commission is authorised to adopt an implementing act in accordance with Article 72(2) in order to specify the methods of communication.
Amendment 355 #
Proposal for a regulation
Chapter 7 – title
Chapter 7 – title
ALERTS ON MISSING PERSONS OR AT-RISK MINORS
Amendment 357 #
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
Article 32 – paragraph 2 – introductory part
2. The following categories of missing persons may be entered:
Amendment 364 #
Proposal for a regulation
Article 32 – paragraph 2 – point c a (new)
Article 32 – paragraph 2 – point c a (new)
(ca) at-risk minors in accordance with paragraph 4a.
Amendment 365 #
Proposal for a regulation
Article 32 – paragraph 2 – point c b (new)
Article 32 – paragraph 2 – point c b (new)
(cb) missing unaccompanied child migrants pursuant to Article XXX of Regulation 2018/XXX (Eurodac)
Amendment 369 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Paragraph 2(a) shall apply in particular to children and to persons who have to be interned following a decision by a competent judicial authority.
Amendment 377 #
Proposal for a regulation
Article 32 – paragraph 4 a (new)
Article 32 – paragraph 4 a (new)
4a. An alert concerning a child referred to in paragraph 2(ca), shall be issued upon request by the Member State’s competent judicial authority where there is a real and obvious risk of the child imminently leaving the Member State where the competent judicial authority is based because of forced marriage, genital mutilation or terrorism- related activities as referred to in Titles II and III of Directive (EU) 2017/541.
Amendment 379 #
Proposal for a regulation
Article 32 – paragraph 4 b (new)
Article 32 – paragraph 4 b (new)
4b. The child alerts issued in accordance with this Article and the corresponding procedures must serve the best interests of the child. In accordance with 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 20 November 1989.
Amendment 381 #
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. Member States shall ensure that the data entered in SIS indicate which of the categories referred to in paragraph 2 the missing or at-risk person falls into. Further, Member States shall also ensure that the data entered in SIS indicate which type of missing or vulnerableat-risk person case is involved. The rules on the categorisation of the types of cases and the entering of such data shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in Article 72(2).
Amendment 383 #
Proposal for a regulation
Article 32 – paragraph 7
Article 32 – paragraph 7
7. Where there is a clear indication that vehicles, boats or aircraft are connected with a person who is the subject of an alert pursuant to paragraph 2, alerts on those vehicles, boats and aircraft may be issued in order to locate the person. In those cases the alert on the missing or at- risk person and the alert on the object shall be linked in accordance with Article 60. The technical rules necessary for entering, updating, deleting and searching the data referred to in this paragraph shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in Article 72(2).
Amendment 389 #
Proposal for a regulation
Article 36 – paragraph 2 – introductory part
Article 36 – paragraph 2 – introductory part
2. The alert may be issued for the purposes of preventing, detecting, investigating and prosecuting criminal offences, executing a criminal sentence and for the prevention of threats to public security:
Amendment 429 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Photographs, facial images, dactylographic data and DNA profiles 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 432 #
1a. An investigation using fingerprints may be carried out before a new alert is issued in order to verify whether the person is already in SIS under another identity or another alert.
Amendment 439 #
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – 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, within the framework of the objectives and conditions laid down in paragraph 3. Identification based on photographs or facial images shall only be used atin the context of regular border crossing points where self-service systems and automated border control systems are in use. , within the framework of the objectives and conditions laid out in paragraph 3. Before this functionality is set up in SIS, the Commission must present a report on the availability and development of the requisite technology. The European Parliament shall be consulted during the production of that report.
Amendment 441 #
Proposal for a regulation
Article 42 – paragraph 4 a (new)
Article 42 – paragraph 4 a (new)
4a. Any handling of photographs, facial images, DNA profiles or dactylographic data must not go beyond what is necessary to achieve the objective of general interest pursued, and should be subject to appropriate safeguards. Any use of photographs, facial images, DNA profiles or dactylographic data must be authorised by EU or national law. Any handling of photographs, facial images, DNA profiles or dactylographic data under SIS II, including their retention and use for identification purposes, must be in line with the relevant data protection provisions established by the legal instruments of SIS II, with Regulation (EU) 2016/679 and with the provisions of Directive 2016//680. The provisions established by those legal instruments apply to the handling of the photographs, facial images, DNA profiles and dactylographic data of third-country nationals and EU citizens. In accordance with the purpose- specification principle, the purpose of and the method for using the photographs, facial images, DNA profiles and dactylographic data in SIS II must be clearly defined. To that end, the Commission shall be able to adopt an implementing act in accordance with Article 72(2).
Amendment 442 #
Proposal for a regulation
Article 42 – paragraph 4 b (new)
Article 42 – paragraph 4 b (new)
Amendment 443 #
Proposal for a regulation
Article 42 – paragraph 4 c (new)
Article 42 – paragraph 4 c (new)
4c. The Commission shall be able to adopt an implementing act in accordance with Article XXX to introduce an Automated Fingerprint Identification System (AFIS).
Amendment 459 #
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. Where a search of the system by Europol reveals the existence of an alert in SIS, Europol shall inform the issuing Member State through the exchange of supplementary information via communication channels and in accordance with the provisions set out in the SIRENE Manual. Until Europol is able to use the features designed for the exchange of supplementary information, it shall inform the issuing Member State via the channels defined by Regulation (EU) 2016/794.
Amendment 462 #
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – 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 464 #
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – 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 466 #
Proposal for a regulation
Article 46 – paragraph 7
Article 46 – paragraph 7
7. Any copies, as referred to in paragraph 6, which lead to off-line databases may be retained for a period not exceeding 48 hours. That period may be extended in the event of an emergency until the emergency comes to an end. Europol shall report any such extensions to the European Data Protection Supervisor. The content, retention period and rules and formats of the logs shall be defined in line with Article 12.
Amendment 481 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. TAuthorised personnel from the ETIAS Central Unit under 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 search data entered in SIS, in accordance with Articles 26, 32, 34, 36 and 38(2) (j) and (k).
Amendment 484 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. Where a verification by the European Border and Coast Guard AgencyTIAS Central Unit reveals the existence of an alert in SIS the procedures set out in Articles 20 and 22 of Regulation establishing a European Travel Information and Authorisation System (ETIAS) appliesy.
Amendment 487 #
Proposal for a regulation
Article 49 – paragraph 5
Article 49 – paragraph 5
5. Every instance of access and every search made by the European Border and Coast Guard Agency and separately by the ETIAS Central Unit shall be logged in accordance with the provisions of Article 12 and each use made of data accessed by them shall be registered.
Amendment 493 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. A Member State issuing an alert shall, within fivthree years of its entry into SIS, review the need to retain it. Alerts issued for the purposes of Article 36 of this Regulation shall be kept for a maximum period of one year.
Amendment 496 #
Proposal for a regulation
Article 51 – paragraph 6
Article 51 – paragraph 6
6. Within the review period, the Member State issuing the alert may, following a comprehensive individual assessment, which shall be logged, 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. Extending the expiry date of an SIS alert should be subject to the necessary proportionality requirement, examining whether a concrete case is adequate, relevant and important enough to extend the expiry date of an SIS alert
Amendment 497 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. AWithout prejudice to the provisions on the compatibility of alerts set out in Article 23b, alerts for arrest for surrender or extradition purposes pursuant to Article 26 shall be deleted once the person has been surrendered or extradited to the competent authorities of the issuing Member State. They may also be deleted automatically when an alert expires in accordance with Article 51 or when a decision is adopted by the competent authority of the issuing Member State or where it is deemed necessary under the provisions on the compatibility of alerts set out in Article 23b, or where the judicial decision on which the alert was based has been revoked by the competent judicial authority according to national law.
Amendment 500 #
Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 1 – introductory part
Article 52 – paragraph 2 – subparagraph 1 – introductory part
Amendment 501 #
Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 1 – point a – indent 2
Article 52 – paragraph 2 – subparagraph 1 – point a – indent 2
- automatically, the expiry of the alert in accordance with Article 51;
Amendment 503 #
Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 1 – point b – indent 2
Article 52 – paragraph 2 – subparagraph 1 – point b – indent 2
- automatically, the expiry of the alert in accordance with Article 51; or
Amendment 504 #
Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 1 – point c – indent 2
Article 52 – paragraph 2 – subparagraph 1 – point c – indent 2
- automatically, the expiry of the alert in accordance with Article 51; or
Amendment 505 #
Proposal for a regulation
Article 52 – paragraph 3 – introductory part
Article 52 – paragraph 3 – introductory part
3. AWithout prejudice to the provisions on the compatibility of alerts set out in Article 23b, alerts on persons sought for a judicial procedure shall be deleted in accordance with the following rules:
Amendment 506 #
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1 – point b
Article 52 – paragraph 3 – subparagraph 1 – point b
(b) automatically, the expiry of the alert in accordance with Article 51; or
Amendment 508 #
Proposal for a regulation
Article 52 – paragraph 4 – introductory part
Article 52 – paragraph 4 – introductory part
4. AWithout prejudice to the provisions on the compatibility of alerts set out in Article 23b, alerts on discreet, inquiry and specific checks shall be deleted in accordance with the following rules:
Amendment 512 #
Proposal for a regulation
Article 52 – paragraph 5 – introductory part
Article 52 – paragraph 5 – introductory part
5. AWithout prejudice to the provisions on the compatibility of alerts set out in Article 23b, alerts on objects for seizure or use as evidence shall be deleted in accordance with the following rules:
Amendment 513 #
Proposal for a regulation
Article 52 – paragraph 6
Article 52 – paragraph 6
6. AWithout prejudice to the provisions on the compatibility of alerts set out in Article 23b, alerts on unknown wanted persons pursuant to Article 40 shall be deleted in accordance with the following rules:
Amendment 527 #
Proposal for a regulation
Article 55 – title
Article 55 – title
Information in caf the alert cannot be executed, the following procedure shall apply: (a) the requested Member States shall directly inform the issuing Member States and shall state the reasons, in accordance with the provisions set of non-execution of alertut 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 the required action cannot be carried out on persons involved in an activity referred to in Titles II and III of Directive (EU) 2017/541 on combating terrorism, the requested Member State shall directly inform the European Counter Terrorism Centre under Europol;
Amendment 528 #
Proposal for a regulation
Article 56 – paragraph 2 a (new)
Article 56 – paragraph 2 a (new)
Amendment 532 #
3a. Where a Member State other than the issuing Member State has a photograph, facial image or dactyloscopic data of a person about whom another Member State has raised an alert in SIS, it must, in accordance with the provisions set out in Article 22, send them as soon as possible to the issuing Member State so that it can complete the alert in question.
Amendment 533 #
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – 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, in line with the cooperation provided for in Article 69.
Amendment 537 #
Proposal for a regulation
Article 56 – paragraph 6
Article 56 – paragraph 6
Amendment 543 #
Proposal for a regulation
Article 58 – paragraph 1 – point b
Article 58 – paragraph 1 – point 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 56(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 544 #
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – 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 554 #
Proposal for a regulation
Article 65 – title
Article 65 – title
Right of access, rectification of inaccurate data and erasure, erasure and restrictions on the processing of unlawfully stored data
Amendment 556 #
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – 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 erasure shall be exercisedor to obtain processing restrictions or compensation shall be exercised pursuant to Regulation 2016/679 and Directive (EU) 2016/680, in accordance with the law of the Member State before which they invoke that right.
Amendment 558 #
Proposal for a regulation
Article 65 – paragraph 6
Article 65 – paragraph 6
6. 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 559 #
Proposal for a regulation
Article 65 – paragraph 7
Article 65 – paragraph 7
7. The person concerned shall be informed about the follow-up given to the exercise of his rights of rectification and erasure, erasure and processing restrictions 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 561 #
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – 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, erase or obtain information or, to obtain compensation and processing restrictions in connection with an alert relating to him.
Amendment 562 #
Proposal for a regulation
Article 66 – paragraph 3 – subparagraph 1 – point c
Article 66 – paragraph 3 – subparagraph 1 – point c
(c) the number of requests for the rectification of inaccurate data and the erasure or restrictions on the processing of unlawfully stored data to the data controller and the number of cases where the data were correctified or erasdeleted;
Amendment 563 #
Proposal for a regulation
Article 66 – paragraph 3 – subparagraph 1 – point d
Article 66 – paragraph 3 – subparagraph 1 – point d
(d) the number of requests for the rectification of inaccurate data and the erasure or restrictions on the processing of unlawfully stored data submitted to the national supervisory authority;
Amendment 564 #
(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 566 #
Proposal for a regulation
Article 67 – paragraph 1 a (new)
Article 67 – 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 569 #
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – 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 Regulation (EU) 2016/679. The duties and powers referred to in Articles 46 and 47 of Regulation (EC) No 45/2001 shall apply accordingly.
Amendment 578 #
Proposal for a regulation
Article 70 – title
Article 70 – title
Liability and penalties
Amendment 579 #
Proposal for a regulation
Article 70 – paragraph 1 a (new)
Article 70 – 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. That State shall be exempted from its liability, in whole or in part, if it proves that it is not in any way responsible for the event giving rise to the damage. Claims for compensation against a Member States for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of the national law of the defendant Member States, in accordance with Regulation (EU) 2016/671 and Directive (EU) 2016/680.
Amendment 580 #
Proposal for a regulation
Article 70 – paragraph 1 b (new)
Article 70 – paragraph 1 b (new)
1b. Member States shall take the necessary measures to ensure that any processing of data entered in SIS or any exchange of supplementary information contrary to the provisions of this Regulation is punishable by penalties, including administrative and/or criminal penalties in accordance with national law, that are effective, proportionate and dissuasive.
Amendment 582 #
Proposal for a regulation
Article 71 – paragraph 3
Article 71 – 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. The statistics produced shall not contain any personal data. The annual statistical report shall be published. The Agency shall also provide annual statistics on the use of the functionality on making an alert issued under pursuant to Article 26 of this Regulation temporarily non-searchable, in total and for each Member State, including any extensions to the retention period of 48 hours.
Amendment 585 #
Proposal for a regulation
Article 71 – paragraph 5
Article 71 – paragraph 5
5. The Agency shall provide the Member States, the Commission, the European Parliament, Europol, Eurojust 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 587 #
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, the introduction of the Automated Fingerprint Identification System and the bilateral and multilateral exchange of supplementary information between Member States.
Amendment 589 #
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. That overall evaluation report shall also include the introduction of the Automated Fingerprint Identification System and the SIS information campaigns organised by the Commission in line with Article 19. The Commission shall transmit the evaluation to the European Parliament and the Council.
Amendment 591 #
Proposal for a regulation
Article 71 – paragraph 8 a (new)
Article 71 – paragraph 8 a (new)
8a. One year after the entry into force of this Regulation, the Commission and the Agency shall develop the Automated Fingerprint Identification System (AFIS).
Amendment 592 #
Proposal for a regulation
Article 71 – paragraph 8 b (new)
Article 71 – paragraph 8 b (new)
8b. Two years after the entry into force of this Regulation, the Member States must have begun the adaptations needed to introduce the Automated Fingerprint Identification System (AFIS).