Activities of Jussi HALLA-AHO related to 2016/0407(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the use of the Schengen Information System for the return of illegally staying third-country nationals PDF (695 KB) DOC (110 KB)
Amendments (9)
Amendment 41 #
Proposal for a regulation
Recital 3
Recital 3
(3) Member States should take all necessary measures to return illegally staying third-country nationals in an effective and proportionate manner, in accordance with the provisions of Directive 2008/115/EC.
Amendment 53 #
Proposal for a regulation
Recital 9
Recital 9
(9) It is necessary to specify the categories of data that can be entered in SIS in respect of third-country nationals who are the subject of a return decision issued in accordance with provisions respecting Directive 2008/115/EC. Alerts on return should contain only those data that are required in order to identify the data subjects, to allow the competent authorities to take informed decisions without losing time and to ensure, where necessary, their protection in relation to persons who are armed, violent, have escaped or are involved in an activity as referred to in Articles 1, 2, 3 and 4 of Council Framework Decision 2002/475/JHA on combating terrorismTitles II, III or IV of Directive (EU) 2017/541 of the European Parliament and of the Council26 . Furthermore, in order to facilitate identification and detect multiple identities, the alert should include also a reference to the personal identification document or documents and a copy of such document or documents, if available. _________________ 26 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.200217, p. 36).
Amendment 67 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) When a return decision is accompanied by an entry ban, even if the alert on return is not entered in SIS the activation of the alert on the entry ban should follow immediately after the return has taken place.
Amendment 75 #
Proposal for a regulation
Recital 16
Recital 16
(16) Data processed in SIS or transferred through the exchange of supplementary information may provide to the enforcing Member State information that is useful for the rapid identification and re- documentation of illegally staying third- country nationals, in view of their return to a third country. In individual casesTo facilitate the return, it should be possible to share such data and information with a third country for this purpose. Sharing of any personal data should be subject to clear conditions, should be carried out in accordance with the provisions of Regulation (EU) 2016/679 and be conducted with the agreement of the Member State that issued the alert.
Amendment 109 #
Proposal for a regulation
Article 4 – paragraph 1 – point j
Article 4 – paragraph 1 – 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, III and 4IV of Council Framework Decision 2002/475/JHA on combating terrorismDirective (EU) 2017/541;
Amendment 120 #
Proposal for a regulation
Article 4 – paragraph 1 – point x a (new)
Article 4 – paragraph 1 – point x a (new)
(xa) data referred to in points (a) to (d), (f) to (i), (p) to (s) and (v) of any other identification document(s) carried by the person.
Amendment 123 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
An alert may not be entered without the data referred to in (a),(g),(k),(m),(n) and (w), when such data is available. When available, all other data listed above shall also be entered.
Amendment 136 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where a third-country national who is subject of an alert on return is identified by a competent authority and it has been ascertained by the same authority that the obligation to return has not been complied with, that authority shall immediately consult the issuing Member State through the exchange of supplementary information in order to determine without delay the action to be taken and the issuing Member State shall be obliged to communicate without delay the preferred course of action.
Amendment 155 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Alerts on return entered in respect of a person who has acquired citizenship of a Member State or of any State whose nationals are beneficiaries of the right of free movement within the Union shall be deleted as soon as the issuing Member State becomes aware, or is informed pursuant to Article 39 of Regulation (EU) 2018/xxx [border checks], that the person in question has acquired such citizenship. This is without prejudice to the right of a Member State to keep in its national files data contained in an alert issued in SIS by that Member State in respect of a person who has acquired residency or citizenship of another Member State after the consultation procedure referred to in Article 8.