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38 Amendments of Nicolas BAY related to 2017/0144(COD)

Amendment 47 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Draft legislative resolution
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the Commission proposal;
2017/11/30
Committee: LIBE
Amendment 52 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Recital 3
(3) This objective presupposesuggests the exchange of information extracted from criminal records between the competent authorities of the Member States. Such an exchange of information is organised and facilitated by the rules set out in Council Framework Decision 2009/315/JHA20 and by the European Criminal Records Information System (ECRIS) which has been established by Council Decision 2009/316/JHA21. _________________ 20 Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States (OJ L 93, 7.4.2009, p. 23). 21 Council Decision 2009/316/JHA of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA (OJ L 93, 7.4.2009, p. 33).
2017/11/30
Committee: LIBE
Amendment 60 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Recital 8
(8) This Regulation should therefore lay down rules on creating a centralised system containing personal data at the level of the Union, the division of responsibilities between the Member State and the organisation responsible for its development and maintenance, as well as any specific data protection provisions needed to supplement the existing data protection arrangements and provide for an adequate overall level of data protection and data security. The fundamental rights of the persons concerned should be protected as well.deleted
2017/11/30
Committee: LIBE
Amendment 64 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Recital 9
(9) The European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA) established by Regulation (EU) No 1077/2011 of the European Parliament and of the Council22 to identify the Member State(s) holding information on previous convictions of third country nationals (ʻECRIS-TCN system’) should not be entrusted with the task of developing and operating another new inefficient centralised ECRIS-TCN system, given its lack of experience with managing other large scale systems in the area of justice and home affairs. IMoreover, its mandate should be amended to reflect these new taskrejected as it is the exclusive right of any nation state to ensure, manage and control their own justice system and national security, including their national security systems. _________________ 22 Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 286 1.11.2011, p. 1).
2017/11/30
Committee: LIBE
Amendment 67 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Recital 10
(10) Given the need to create close technical links between the ECRIS-TCN system and the current ECRIS system, eu- LISA should also be entrusted with the task of further developing and maintaining the ECRIS reference implementation, and its mandate should be amended to reflect this.deleted
2017/11/30
Committee: LIBE
Amendment 84 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Recital 15
(15) Member States shouldare free to decide whether they desire to create records or not in the ECRIS-TCN system regarding convicted third country nationals as soon as possible after their conviction was entered into the national criminal record.
2017/11/30
Committee: LIBE
Amendment 89 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Recital 17
(17) Improving the circulation of information on convictions should assist Member States in their implementation of Framework Decision 2008/675/JHA, which obliges the Member States to take account of previous convictionmay assist Member States in the course of new criminal proceedings.
2017/11/30
Committee: LIBE
Amendment 95 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Recital 21
(21) The European Union Agency for Law Enforcement Cooperation (Europol) established by Regulation (EU) 2016/794 of the European Parliament and of the Council23 , Eurojust established by Council Decision 2002/187/JHA24 [and the European Public Prosecutor's Office established by Regulation (EU) …/…25 ] should have access to the ECRIS-TCN system for identifying the Member State(s) holding criminal record information on a third county national in order to support their statutory tasks. _________________ 23 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53). 24 Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (OJ L 063, 6.3.2002, p.1). 25deleted Regulation (EU) .../... (OJ L ...).
2017/11/30
Committee: LIBE
Amendment 99 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Recital 22
(22) This Regulation establishes strict access rules to the ECRIS-TCN system and the necessary safeguards, including the responsibility of the Member States in collecting and using the data. It also sets out the individuals' rights to compensation, access, correction, deletion and redress, in particular the right to an effective remedy and the supervision of processing operations by public independent authorities. It therefore respects the fundamental rights and freedoms and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including the right to protection of personal data, the principle of equality before the law and the general prohibition of discrimination.deleted
2017/11/30
Committee: LIBE
Amendment 101 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Recital 23
(23) Directive (EU) 2016/680 of the European Parliament and of the Council26 should apply to the processing of personal data by competent national authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security. Regulation (EU) 2016/679 of the European Parliament and of the Council27 should apply to the processing of personal data by national authorities provided that national provisions transposing Directive (EU) 2016/680 do not apply. Coordinated supervision should be ensured in accordance with Article 62 of [the new data protection regulation for Union institutions and bodies]. _________________ 26 Directive (EU 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89) 27 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).deleted
2017/11/30
Committee: LIBE
Amendment 105 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Recital 24
(24) Rules on the liability of the Member States in respect to damage arising from any breach of this Regulation should be laid down.deleted
2017/11/30
Committee: LIBE
Amendment 110 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Recital 25
(25) Since tThe objective of this Regulation, namely to enable the rapid and efficient exchange of criminal record information on third country nationals, cannot be sufficiently achieved by the Member States, but can rather, by reason of the necessary synergy and interoperability, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objec by own initiative.
2017/11/30
Committee: LIBE
Amendment 112 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Recital 26
(26) In order to ensure uniform conditions for the establishment and operational management of the ECRIS- TCN system, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council28 . _________________ 28 Regulation (EU) No 182/2011 of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p.13)deleted
2017/11/30
Committee: LIBE
Amendment 116 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Recital 30
(30) The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council29 and delivered an opinion on …30 , _________________ 29 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 008, 12.1.2001, p.1). 30deleted OJ C …
2017/11/30
Committee: LIBE
Amendment 117 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) establishes ano new system to identify the Member State(s) holding information on previous convictions of third country nationals (’ECRIS-TCN system’);
2017/11/30
Committee: LIBE
Amendment 127 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 3 – paragraph 1 – point h
(h) 'Central System' means the database(s) holding identity information on third country nationals who have been subject to final decisions against them of criminal courts in the Member States, developed and maintained by eu-LISA;deleted
2017/11/30
Committee: LIBE
Amendment 134 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 3 – paragraph 1 – point p
(p) 'ECRIS reference implementation' means the software developed by the Commission and made available to the Member States for the exchange of criminal records information through ECRIS.deleted
2017/11/30
Committee: LIBE
Amendment 136 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 4 – paragraph 2
2. The Central System shall be hosted by eu-LISA in its two technical sites.deleted
2017/11/30
Committee: LIBE
Amendment 137 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 4 – paragraph 3
3. The Interface Software shall be integrated with the ECRIS reference implementation. The Member States shall use the ECRIS reference implementation to query the ECRIS-TCN system, as well as to send subsequent requests for criminal records information.deleted
2017/11/30
Committee: LIBE
Amendment 170 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 7 – paragraph 2
2. Europol, Eurojust [and the European Public Prosecutor's Office] shall have access to the ECRIS-TCN system for identifying the Member State(s) holding criminal record information on a third county national in accordance with Articles 14, 15 and16.deleted
2017/11/30
Committee: LIBE
Amendment 193 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 10 – paragraph 1
1. The Commission shall adopt the acts necessary for the development and technical implementation of the ECRIS- TCN system, and in particular rules on: (a) the technical specifications for the processing of the alphanumeric data; (b) resolution and processing of fingerprints in the ECRIS-TCN system; (c) Interface Software referred to in point (c) of Article 4(1); (d) the technical specifications for the processing of facial images; (e) data quality, including a mechanism and procedures to carry out data quality checks; (f) entering the data in accordance with Article 5; (g) accessing the data in accordance with Article 7; (h) amending and deleting the data in accordance with Articles 8 and 9; (i) keeping and accessing the logs in accordance with Article 29; (j) providing statistics in accordance with Article 30; (k) performance and availability requirements of the ECRIS-TCN system.deleted the technical specifications for the the technical specifications of the
2017/11/30
Committee: LIBE
Amendment 212 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 10 – paragraph 2
2. The implementing acts referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 35(2).deleted
2017/11/30
Committee: LIBE
Amendment 218 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 11 – paragraph 3
3. eu-LISA shall define the design of the physical architecture of the ECRIS- TCN system including its technical specifications and their evolution as regards the Central System referred to in point (a) of Article 4(1), the national central access point referred to in point (b) of Article 4(1) and the Interface Software referred to in point (c) of Article 4(1). That design shall be adopted by its Management Board, subject to a favourable opinion of the Commission.deleted
2017/11/30
Committee: LIBE
Amendment 220 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 11 – paragraph 4
4. eu-LISA shall develop and implement the ECRIS-TCN system before [two years after the entry into force of this Regulation] and following the adoption by the Commission of the measures provided for in Article 10.deleted
2017/11/30
Committee: LIBE
Amendment 223 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 11 – paragraph 5
5. Prior to the design and development phase, a Programme Management Board composed of a maximum of ten members shall be established by the Management Board of eu-LISA. It shall be composed of eight representatives appointed by the Management Board, the Chair of the ECRIS-TCN system Advisory Group referred to in Article 36 and one member appointed by the Commission. The members appointed by the Management Board shall be elected only from those Member States which are fully bound under Union law by the legislative instruments governing the ECRIS and which will participate in the ECRIS-TCN system. The Management Board shall ensure that the representatives it appoints shall have the necessary experience and expertise in the development and management of IT systems supporting judicial and criminal records authorities. The Programme Management Board shall meet at least once every three months, and more often when necessary. It shall ensure the adequate management of the design and development phase of the ECRIS-TCN system. The Programme Management Board shall submit written reports every month to eu-LISA’s Management Board on progress of the project. It shall have no decision-making power nor any mandate to represent the members of the Management Board.deleted
2017/11/30
Committee: LIBE
Amendment 228 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 11 – paragraph 6
6. The Programme Management Boardeleted schall establish its rules of procedure which shall include in irmanship; meeting venues; preparaticular rules on: (a) (b) (c) (d) meetings; (e) full information to non-participating Members of the Management Board.on of meetings; admission of experts to the communication plans ensuring
2017/11/30
Committee: LIBE
Amendment 229 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 11 – paragraph 7
7. The chairmanship shall be held by the Member State holding the Presidency of the Council of the European Union, provided that it is fully bound under Union law by the legislative instruments governing the ECRIS and which will participate in the ECRIS-TCN system. If this requirement is not met, the chairmanship shall be held by the Member State which shall next hold the Presidency and which meets that requirement.deleted
2017/11/30
Committee: LIBE
Amendment 231 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 11 – paragraph 8
8. All travel and subsistence expenses incurred by the members of the Programme Management Board shall be paid by the Agency and Article 10 of the eu-LISA Rules of Procedure shall apply mutatis mutandis. The Programme Management Board’s secretariat shall be ensured by eu-LISA.deleted
2017/11/30
Committee: LIBE
Amendment 234 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 11 – paragraph 11
11. eu-LISA shall be responsible for the following tasks related to the Communication Infrastructure referred to in point (d) of Article 4(1): (a) (b) (c) between the Member States and the provider.deleted supervision; security; the coordination of relations
2017/11/30
Committee: LIBE
Amendment 235 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 11 – paragraph 12
12. The Commission shall be responsible for all other tasks relating to the Communication Infrastructure, in particular: (a) implementation of the budget; (b) (c)deleted tasks relating to the acquisition and renewal; contractual matters.
2017/11/30
Committee: LIBE
Amendment 236 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 11 – paragraph 15
15. eu-LISA shall perform tasks related to providing training on the technical use of the ECRIS-TCN system and the ECRIS reference implementation.deleted
2017/11/30
Committee: LIBE
Amendment 266 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 18 – paragraph 2
2. If any failure of a Member State to comply with its obligations under this Regulation causes damage to the ECRIS- TCN system, that Member State shall be held liable for such damage, unless and insofar as eu-LISA or another Member State participating in the ECRIS-TCN system failed to take reasonable measures to prevent the damage from occurring or to minimise its impact.deleted
2017/11/30
Committee: LIBE
Amendment 268 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 20 – paragraph 1
Member States shall take the necessary measures to ensure that any use of data entered in the ECRIS-TCN system in contravention of this Regulation is punishable by penalties in accordance with national law, that are effective, proportionate and dissuasive.deleted
2017/11/30
Committee: LIBE
Amendment 272 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 21 – paragraph 2
2. eu-LISA shall be considered as data processor in accordance with Regulation (EC) No 45/2001/EU as regards the personal data entered into the Central System by the Member States.deleted
2017/11/30
Committee: LIBE
Amendment 292 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 26 – paragraph 3
3. Member States shall ensure that their supervisory authority has sufficient resources to fulfil the tasks entrusted to it under this Regulation.deleted
2017/11/30
Committee: LIBE
Amendment 294 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 26 – paragraph 4
4. Each Member State shall supply any information requested by the supervisory authorities and shall, in particular, provide them with information on the activities carried out in accordance with Articles 12, 13 and 17. Each Member State shall grant the supervisory authorities access to their records pursuant to Article 29 and allow them access at all times to all their ECRIS-TCN system related premises.deleted
2017/11/30
Committee: LIBE
Amendment 303 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 30 – paragraph 5
5. The Member States shall provide eu-LISA with the statistics necessary to fulfil its obligations referred to in this Article. They shall provide statistics on the number of convicted third country nationals, as well as the number of convictions of third country nationals on their territory to the Commission.deleted
2017/11/30
Committee: LIBE
Amendment 306 #
Auke ZIJLSTRA, Gilles LEBRETON, Nicolas BAY
Proposal for a regulation
Article 31 – paragraph 3
3. Other costs shall be borne by the Member States, specifically the costs incurred by the connection of the existing national criminal record registers, fingerprints databases and the central authorities to the ECRIS-TCN system, as well as the costs of hosting the ECRIS reference implementation.deleted
2017/11/30
Committee: LIBE
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