72 Amendments of Péter NIEDERMÜLLER related to 2016/0409(COD)
Amendment 207 #
(23) SIS should contain alerts on missing persons to ensure their protection or to prevent threats to public security. Issuing 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 appropriate safeguards. 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 254 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘alert’ means a set of data, including where appropriate, biometric identifiers as referred to in Article 22 and in Article 40, entered in SIS allowing the competent authorities to identify a person or an object with a view to taking specific action;
Amendment 260 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘processing of personal data’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, logging, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Amendment 263 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) ‘serious crime’ means offences listed in Article 2(1) and (2) of Framework Decision 2002/584/JHA of 13 June 200271 ; , where those offences are punishable, in the issuing Member State, by a judicial decision executing a custodial sentence or detention order for a maximum period of at least three years; _________________ 71 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).
Amendment 266 #
Proposal for a regulation
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘terrorist offences’ means offences under national law referred to in Articles 1- 4 of Framework Decision 2002/475/JHA of 13 June 200272 . _________________ 72 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3).3, 4, 12 and 14 of Directive (EU) 2017/541
Amendment 271 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Supplementary information shall be used only for the purpose for which it was transmitted in accordance with Article 61 unless prior consent is obtained from the issuing Member State.
Amendment 279 #
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 measures in accordance with the examination procedure referred to in Article 72(2) The Commission shall be empowered to adopt a delegated act in accordance with Article 71a concerning the formadoption of a manual - called the ‘SIRENE Manual’ - containing detailed rules for the exchange of supplementary information.
Amendment 280 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure, by means of the services provided by CS-SIS, that data stored in the national copy are, by means of automatic updates referred to in Article 4(4), identical to and consistent with the SIS database, and that a search in its national copy, which will be established voluntarily by the Member State, produces a result equivalent to that of a search in the SIS database. EIn so far as this is possible, end-users shall receive the data required to perform their tasks, in particular all data required, where necessary, all available data which would allow for the identification of the data subject and to takeallow the required action to be taken.
Amendment 286 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The recordlogs shall show, in particular, the history of the alert, the date and time of the data processing activity, the data used to perform a search, a reference to the data transmittprocessed and the names of both the competent authority and the person responsible for processing the data.
Amendment 287 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. If the search is carried out with dactylographic data or facial image in accordance with Articles 40, 41 and 42 the logs shall show, in particular, the type of data used to perform a search, a reference to the type of data transmittprocessed and the names of both the competent authority and the person responsible for processing the data.
Amendment 288 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The logs may be used only for the purpose referred to in paragraph 1 and shall be deleted at the earliest one year, and at the latest three years,two years after their creation.
Amendment 292 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that each authority entitled to access SIS data takes the measures necessary to comply with this Regulation and cooperates, where necessary, with the national supervisory authority.
Amendment 294 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 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 laid down in accordance with Article 66a.
Amendment 301 #
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 transmittprocessed, the type of data used to perform searches, the reference to the type of data transmittprocessed and the name of the competent authority responsible for processing the data.
Amendment 302 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. If the search is carried out with dactylographic data or facial image in accordance with Articles 40, 41 and 42 the logs shall show, in particular, the type of data used to perform the search, a reference to the type data transmittprocessed and the names of both the competent authority and the person responsible for processing the data.
Amendment 304 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The logs may only be used for the purposes mentioned in paragraph 1 and shall be deleted at the earliest one year, and at the latest three years,two years after their creation. The logs which include the history of alerts shall be erased after one to threetwo years after deletion of the alerts.
Amendment 307 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 314 #
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 13, 2 , 34, 12 and 14 of Council Framework Decision 2002/475/JHADirective (EU) 2017/541 on combating terrorism;
Amendment 317 #
Proposal for a regulation
Article 20 – paragraph 3 – point x
Article 20 – paragraph 3 – point x
(x) relevant DNA profiles subject to Article 22(1)(b) of this Regulationwhere permitted in accordance with Article 22(1)(b) and Article 32(2)(a) and (c), relevant DNA profiles;
Amendment 322 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Where a person or an object is sought by a Member State as a suspect, or an object is sought, in relation to an offence that falls under Articles 1 to 4 of Council Framework Decision 2002/475/JHA3,4, 12 and 14 of Directive (EU) 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 335 #
Proposal for a regulation
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) A DNA profile may only be added to alerts only in the situations provided for in Article 32(2)(a) and (c), only following a quality check to ascertain the profile fulfils a minimum data quality standard, and only where photographs, facial images or dactylographic data suitable for identification are not available. The DNA profiles of persons who are direct ascendants, descendants or siblings of the alert subject may be added to the alert provided that those persons concerned gives explicit consent. TWhe racial origin of the person shall not be included in the DNA profilere a DNA profile is added to an alert, that profile should contain the minimum information strictly necessary for the identification of the missing person and, in all event, shall always exclude the racial origin and health information of that person.
Amendment 338 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Quality standards shall be established for the storage of the data referred to under paragraph 1(a) and (b) of this Article and Article 40. The specification of these standards shall be laid down by means of implementing measures and updated in accordance with the examination procedure referred to in Article 72(2).
Amendment 347 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Where available, allnd provided that the conditions for entering such data have been met, the other data listed in Article 20(3) shall also be entered.
Amendment 351 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Where a Member State considers that to give effect to an alert entered in accordance with Articles 26, 32, 36 and 3640 is incompatible with its national law, its international obligations or essential national interests, it may subsequently require that a flag be added to the alert to the effect that the action to be taken on the basis of the alert will not be taken in its territory. The flag shall be added by the SIRENE Bureau of the issuing Member State.
Amendment 353 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The issuing Member State may, in the case of an ongoing search operation and following the authorisation of the relevant judicial authority of the issuing Member State, temporarily make an existing alert for arrest issued under Article 26 of this Regulation unavailable for searching to the effect that the alert shall not be searchable by the end-user and will only be accessible to the SIRENE Bureaux. This functionality shall be used for a period not exceeding 48 hours. If operationally necessary, however, it may be extended by further periods of 4872 hours. Member States shall keep statistics about the number of alerts where this functionality has been used.
Amendment 358 #
Proposal for a regulation
Article 32 – paragraph 2 – point a – point ii
Article 32 – paragraph 2 – point a – point ii
(ii) in order to prevent a threats to public security;
Amendment 382 #
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. Four months before a child who is the subject of an alert under this Article reaches adulthood, CS-SIS shall automatically notify the issuing Member State that the reason for request and the action to be taken have to be updated or the alert shas toll be deleted.
Amendment 385 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Where a person as referred to in Article 32 is located, the competent authorities shall, subject to paragraph 2, communicate his or her whereabouts to the Member State issuing the alert. In the case of missing children or children who need to be placed under protection the executing Member State shall consult immediately the issuing Member State in order to agree without delayin 12 hours on the measures to be taken in order to safeguard the best interest of the child. The competent authorities may, in the cases referred to in Article 32(2)(a) and (c), move the person to a safe place in order to prevent him or her from continuing his journey, if so authorised by national law.
Amendment 391 #
Proposal for a regulation
Article 36 – paragraph 2 – point a
Article 36 – paragraph 2 – point a
(a) where there is a clear indicationevidence that a person intends to commit or is committing a serious crime, in particular then offences referred to in Article 2(2) of the Framework Decision 2002/584/JHA where that offence is punishable, in the issuing Member State, by a judicial decisions executing a custodial sentence or detention order for maximum period of at least three years;
Amendment 393 #
Proposal for a regulation
Article 36 – paragraph 2 – point b
Article 36 – paragraph 2 – point b
(b) where the information referred to in Article 37(1) is necessary for the execution of a criminal sentence of a person convicted of a serious crime, in particular then offences referred to in Article 2(2) of the Framework Decision 2002/584/JHA where that offence is punishable, in the issuing Member State, by a judicial decisions executing a custodial sentence or detention order for a maximum period of at least three years; or
Amendment 395 #
Proposal for a regulation
Article 36 – paragraph 2 – point c
Article 36 – paragraph 2 – point c
(c) where an overall assessment of a person, in particular on the basis of past criminal offences, gives reason to believe that that person may also commit serious crimes in the future, in particular the, in the future, commit an offences referred to in Article 2(2) of the Framework Decision 2002/584/JHA, where that offence is punishable, in the issuing Member State, by a judicial decisions executing a custodial sentence or detention order for a maximum period of at least three years.
Amendment 396 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. In addition, an alert may be issued in accordance with national law, at the request of the authorities responsible for national security, where there is a concrete indicationclear evidence that the information referred to in Article 37(1) is necessary in order to prevent a serious threat by the person concerned or other serious threats to internal or external national security. The Member State issuing the alert pursuant to this paragraph shall inform the other Member States thereof. Each Member State shall determine to which authorities this information shall be transmitted.
Amendment 398 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Where there is a clear indicationevidence that vehicles, boats, aircraft and containers are connected with the serious crimes referred to in paragraph 2 or the serious threats referred to in paragraph 3, alerts on those vehicles, boats, aircraft and containers may be issued.
Amendment 399 #
Proposal for a regulation
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Where there is a clear indicationevidence that blank official documents or issued identity documents are connected with the serious crimes referred to in paragraph 2 or the serious threats referred to in paragraph 3, alerts on those documents, regardless of the identity of the original holder of the identity document, if any, may be issued. 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 405 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. Depending on the operational circumstances and in accordance with national law, and without prejudice to the rights of suspects and accused persons to have access to a lawyer in accordance with Directive2013/48/EU1a, an inquiry check shall comprise a more in-depth check and a questioning of the person. Where inquiry checks are not authorised by the law of a Member State, they shall be replaced by discreet checks in that Member State. _________________ 1a Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty
Amendment 409 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. The definition ofCommission shall be empowered to adopt a delegated act in accordance with Article 70b to define new sub- categories of object under paragraph 2(n) and t. The technical rules necessary for entering, updating, deleting and searching the data referred to in paragraph 2 shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in Article 72(2).
Amendment 436 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Dactylographic data stored in SIS in relation to alerts issued pursuant to Articles 26, 34(1) b) and d) and Article 36 may also be searched by using complete or incomplete sets of fingerprints or palm prints discovered at the scenes of crimserious crimes or terrorist offences 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 437 #
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
Amendment 446 #
Proposal for a regulation
Article 43 – paragraph 1 – point d
Article 43 – paragraph 1 – point d
(d) examining the conditions and taking decisions related to the entry and stay of third-country nationals on the territory of the Member States, including on residence permits and long-stay visas, and to the return of third-country nationals, insofar as these authorities do not constitute "determining authorities" as defined in Article 2(f) of Directive 2013/32/EU, and where relevant providing advice in accordance with Regulation (EU) 377/2004.
Amendment 448 #
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 1 – introductory part
Article 44 – paragraph 1 – subparagraph 1 – introductory part
The serviccompetent authorities in the Member States responsible for issuing registration certificates for vehicles, as referred to in Council Directive 1999/37/EC75 , shall have access only to the following data entered into SIS in accordance with Article 38(2)(a), (b), (c) and (l) of this Regulation for the sole purpose of checking whether vehicles presented to them for registration have been stolen, misappropriated or lost or are sought as evidence in criminal proceedings: _________________ 75 Council Directive 1999/37 of 29 April 1999 on the registration of documents for vehicles (OJ L 138, 1.6.1999, p. 57).
Amendment 451 #
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
Amendment 453 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – introductory part
Article 45 – paragraph 1 – subparagraph 1 – introductory part
The serviccompetent authorities in the Member States responsible for issuing registration certificates or ensuring traffic management for boats, including boat engines and aircraft shall have access only to the following data entered into SIS in accordance with Article 38(2) of this Regulation for the sole purpose of checking whether boats, including boat engines; aircraft or containers presented to them for registration or subject of traffic management have been stolen, misappropriated or lost or are sought as evidence in criminal proceedings:
Amendment 455 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
Article 45 – paragraph 1 – subparagraph 2
Amendment 457 #
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
Amendment 467 #
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 an emergency until the emergency comes to an end. EuropolWhere Europol creates an off-line database with SIS data, it shall report any such extensionsa database to the European Data Protection Supervisor.
Amendment 471 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. In accordance with Article 40(8) of Regulation (EU) 2016/1624, the host Member State shall authorise members of the European Border and Coast Guard teams or teams of staff involved in return- related tasks as well as the members of the migration management support teams shall, within their mandate, have the right to access and search data entered in SIS within their mandateto consult the SIS where that is necessary for fulfilling operational aims specified in the operational plan on border checks, border surveillance and return.
Amendment 472 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. Members of the European Border and Coast Guard teams or teams of staff involved in return-related tasks as well asand the members of the migration management support teams shall access and search data entered in SIS in accordance with paragraph 1 via the technical interface set up and maintained by the European Border and Coast Guard Agency as referred to in Article 49(1).
Amendment 474 #
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. Where a search by a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks or by a member of the migration management support team reveals the existence of an alert in SIS, the issuing Member State shall be informed thereof. In accordance with Article 40 of Regulation (EU) 2016/1624, members of the teams may only act in response to an alert in SIS under instructions from and, as a general rule, in the presence of border guards or staff involved in return-related tasks of the host Member State in which they are operating. The host Member State may authorise members of the teams to act on its behalf.
Amendment 475 #
Proposal for a regulation
Article 48 – paragraph 4
Article 48 – paragraph 4
4. Every instance of access and every search made by a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks or by a member of the migration management support team shall be logged in accordance with the provisions of Article 12 and every use made by them of data accessed by them shall be logged.
Amendment 476 #
Proposal for a regulation
Article 48 – paragraph 5
Article 48 – paragraph 5
5. Access to data entered in SIS shall be limited to a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks or by a member of the migration management support team and shall not be extended to any other team members.
Amendment 478 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. For the purposes of Article 48(1) and paragraph 2 of this Article the European Border and Coast Guard Agency shall set up and maintain a technical interface which allows a direct connection to Central SISDuly authorised staff of the European Border and Coast Guard Agency shall have access to the statistical data contained in the central repository referred to in Article 54(6) for the purpose of carrying out risk analyses and vulnerability assessments as referred to in Articles 11 and 13 of Regulation (EU) 2016/1624, for the purpose of analysing the threats that may affect the functioning or security of the external borders, have the right to access and search data entered in SIS, in accordance with Articles 24 and 27.
Amendment 480 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. The European Border and Coast Guard Agency shall,In so far as it is necessary for the purpose of performing itsany tasks conferred on it by the Regulation establishing a European Travel Information and Authorisation System (ETIAS), the ETIAS Central Unit within the European Border and Coast Guard Agency shall 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 482 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
Amendment 490 #
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 494 #
Proposal for a regulation
Article 51 – paragraph 5
Article 51 – paragraph 5
5. IAs soon cases where it becomes clear to staff in the SIRENE Bureau, who are responsible for coordinating and verifying of data quality, that an alert on a person or an object has achieved its purpose and should be deleted from SIS, the staff shall notify the authority which created the alert to bring this issue to the attention of the authority. The authority shall have 30seven calendar days from the receipt of thisat notification to indicate that the alert has been or shall be deleted or shall state reasons for the retention of the alert. If the 30seven-day period expires without such a reply, the alert shall be deleted by the staff of the SIRENE Bureau. SIRENE Bureaux shall report any recurring issues in this area to their national supervisory authority.
Amendment 499 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. 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 mayshall also be deleted where the judicial decision on which the alert was based has been revoked by the competent judicial authority according to national law.
Amendment 507 #
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2
Article 52 – paragraph 3 – subparagraph 2
Where a hit has been achieved in a Member State and the address details were forwarded to the issuing Member State and a subsequent hit in that Member State reveals the same address details the hit shall be logged in the executing Member State but neither the address details nor supplementary shall be resent to the issuing Member State. In such cases the executing Member State shall inform the issuing Member State of the repeated hits and the issuing Member State shall considerarry out a comprehensive individual assessment on the need to maintain the alert.
Amendment 515 #
Proposal for a regulation
Article 52 – paragraph 6
Article 52 – paragraph 6
6. Alerts on unknown wanted persons pursuant to Article 40 shall be deleted in accordance with the following rulesupon:
Amendment 516 #
Proposal for a regulation
Article 52 – paragraph 8 a (new)
Article 52 – paragraph 8 a (new)
8 a. a decision to delete by the competent authority of the issuing Member State
Amendment 518 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. Technical copies, as referred to in paragraph 2, 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.
Amendment 522 #
Proposal for a regulation
Article 53 – paragraph 7
Article 53 – paragraph 7
7. Any use of data which does not comply with paragraphs 1 to 6 shall be considered as misuse under the national law of each Member State. Any such misuse of data shall be subject to sanction in accordance with Article 66a
Amendment 530 #
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
3. Where a Member State other than that which issued an alert has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored, it shall, through the exchange of supplementary information, inform the issuing Member State at the earliest opportunity and not later than 10two working days after the said evidence has come to its attention. The issuing Member State shall check the communication and, if necessary, correct or delete the item in question without delay.in seven working days from the notification
Amendment 534 #
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
4. Where the Member States are unable to reach agreement within twoone 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 European Data Protection Supervisor and the national supervisory authorities concerned for a decision.
Amendment 536 #
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
5. The Member States shall exchange supplementary information where a person complains that he or she is not the person wanted by an alert. Where the outcome of the check shows that there are in fact two different persons the complainant shall be informed of the measures laid down in Article 59. and of his or her right to redress in accordance with Article 66(1)
Amendment 538 #
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
3. Not later than 72 hours after having become aware of a security incident, Member States shall notify the Commission, the Agency and the national supervisory authority of securitythat incidents. The Agency shall notify the Commission and the European data Protection Supervisor of security incidents.
Amendment 540 #
Proposal for a regulation
Article 57 – paragraph 4 a (new)
Article 57 – paragraph 4 a (new)
4 a. Where a security incident is caused by the misuse of data, Member States, Europol, Eurojust and the European Border and Coast Guard Agency shall ensure that sanctions may be imposed in accordance with Article 66a.
Amendment 545 #
Proposal for a regulation
Article 59 – paragraph 3 – introductory part
Article 59 – paragraph 3 – introductory part
3. For the purpose of this Article, and subject to the explicit consent of the person whose identity was misused, only the following personal data may be entered and further processed in SIS :;
Amendment 549 #
Proposal for a regulation
Article 59 – paragraph 5
Article 59 – paragraph 5
5. The data referred to in paragraph 3 shall be deleted as soon as this is requested by the person whose identity was misused or at the same time as the corresponding alert or earlier where the person so requests.is deleted
Amendment 565 #
Proposal for a regulation
Article 66 a (new)
Article 66 a (new)
Article 66 a Sanctions Member States shall ensure that any wrongful entry of data into SIS, misuse of data entered into SIS, or exchange of supplementary information contrary to this Regulation is subject to sanctions under national law. Such sanctions shall be effective, proportionate and dissuasive. Europol, Eurojust and the European Border and Coast Guard Agency shall ensure that any misuse of data entered into SIS by their staff or members of their teams accessing SIS under their authority is subject to sanctions which shall be effective, proportionate and dissuasive.
Amendment 581 #
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, 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 583 #
Proposal for a regulation
Article 71 – paragraph 4
Article 71 – paragraph 4
4. Member States as well as Europol, Eurojust and the European Border and Coast Guard Agency shall provide the Agency and the Commission with the information necessary to draft the reports referred to in paragraphs 3, 7 and 8. This information shall include separate statistics on the number of searches carried out by, or on behalf of, by the servicby the competent authorities in the Member States responsible for issuing vehicle registration certificates and the serviccompetent authorities in the Member States responsible for issuing registration certificates or ensuring traffic management for boats, including boat engines; aircraft and containers. The statistics shall also show the number of hits per category of alert.
Amendment 593 #
Proposal for a regulation
Article 71 a (new)
Article 71 a (new)
Article 71 a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 8(4), 12(7), 32(5), 42(4), 51(3) and 75(2a) shall be conferred on the Commission for an indeterminate period of time from ... [the date of entry into force of this Regulation]. 3. The delegation of power referred to in Articles 8(4), 12(7), 32(5), 42(4), 51(3) and 75(2a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4.Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Articles 8(4), 12(7), 32(5), 42(4), 51(3) and 75(2a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council