91 Amendments of Maria GRAPINI related to 2016/0106(COD)
Amendment 154 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes and amending Regulation (EC) No 767/2008 and Regulation (EU) No 1077/2011 amending Regulation (EC) No 767/2008 and Regulation (EU) No 1077/2011 (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 163 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Communication of the Commission of 13 May 2015 entitled “A European agenda on migration” noted that "a new phase would come with the “Smart Borders” initiative to increase the efficiency of border crossings, facilitating crossings for the large majority of ‘bona fide’ third country travellers, whilst at the same time strengthening the fight against irregular migration by creating a record of all cross- border movements by third country nationals, fully respecting proportionality".
Amendment 165 #
(6a) A system should be introduced to improve external border management, in particular the monitoring of compliance with authorised periods of admittance to the area of freedom, security and justice, by recording electronically the date and place of entry and exit of third country nationals granted short-stay admittance and calculating the period of time they are authorised to remain.
Amendment 170 #
Proposal for a regulation
Recital 7
Recital 7
(7) It is necessary to specify the objectives of the Entry/Exit System (EES) and its technical architecture, to lay down rules concerning its operation and use and to define responsibilities for the system, the categories of data to be entered into the system, the purposes for which the data are to be entered, the criteria for their entry, the authorities authorised to access the data, the conditions for accessing the data and further rules on data processing and the protection of personal data.
Amendment 187 #
Proposal for a regulation
Recital 9
Recital 9
(9) The EES should have the objective of improving the management of external borders, preventing irregular immigration and facilitating the management of migration flows. The EES should, in particular and when relevant, contribute to the identification of any person who does not or no longer fulfils the conditions of duration of stay within the territory of the Member States without hampering the flow of travellers and without prejudice to treaty provisions governing the free movement of Union citizens.
Amendment 200 #
Proposal for a regulation
Recital 11
Recital 11
(11) Four fingerprints of visa exempt third country nationals should be enrolled in the EES, if physically possible, to allow for accurate verification and identification (ensuring that the third country national is not already enrolled under another identity or with another travel document) and to guarantee that sufficient data is available in every circumstance. The check of the fingerprints of visa holders will be done against the Visa Information System. (VIS) established by Council Decision 2004/512/EC21. The facial image of both visa exempt and visa holding third country nationals should be registered in the EES and it should be used as the main biometric identifier for verifying the identity of third country nationals who have been previously registered in the EES and for as long as their individual file has not been deleted. Alternatively, that verification should be performed using fingerprints. This should be done without prejudice to human dignity. _________________ 21 Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004, p.5).
Amendment 201 #
Proposal for a regulation
Recital 11
Recital 11
(11) Four fingerprints and the facial image of visa exempt third country nationals should be enrolled in the EES, if physically possible, to allow for accurate verification and identification (ensuring that the third country national is not already enrolled under another identity or with another travel document) and to guarantee that sufficient data is available in every circumstance. The check of the fingerprints and of the facial image of visa holders will be done against the Visa Information System. (VIS) established by Council Decision 2004/512/EC21. The facial image of both visa exempt and visa holding third country nationals should be registered in the EES and it should be used as the main biometric identifier for verifying the identity of third country nationals who have been previously registered in the EES and for as long as their individual file has not been deleted. Alternatively, that verification should be performed using fingerprints. _________________ 21 Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004, p.5).
Amendment 218 #
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation should define the authorities of the Member States which may be authorised to have access to the EES to enter, amend, delete or consult data for the specific purposes of the EES and to the extent necessary for the performance of their tasks, as well as the conditions under which they may be so authorised.
Amendment 222 #
Proposal for a regulation
Recital 15
Recital 15
(15) Any processing of EES data should be proportionate to the objectives pursued and necessary for the performance of tasks of the competent authorities. When using the EES, the competent authorities should ensure that the human dignity and integrity of the person, whose data are requested, are respected and should not discriminate against persons on grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender expression, gender identity or sexual orientation.
Amendment 225 #
Proposal for a regulation
Recital 16
Recital 16
(16) In the fight against terrorist offences and other serious criminal offences, it is imperative that law enforcement authorities have the most up- to-date information if they are to perform their tasks. Access to VIS data for law enforcement purpose has already proven its usefulness in identifying people who died violently or for helping investigators to make substantial progress in cases related to human being trafficking, terrorism or drug trafficking. Access to the information contained in the EES is necessary to prevent, detectAccess to the information contained in the EES might be helpful in preventing, detecting and investigateing terrorist offences as referred to in Council Framework Decision 2002/475/JHA23 or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA24. The data generated by the EES mayight be used as an identity verification tool both in cases where the third country national has destroyed his/her documents and where law enforcement authorities are investigating a crime through the use of fingerprints or facial image and wish to establish an identity. It mayight also be used as a criminal intelligence tool to construct evidence by tracking the travel routes of a person suspected of having committed a crime or a victim of crime. Therefore, the data in the EES shouldmight in the future be available, to the designated authorities of the Member States and the European Police Office ('Europol'), subject to the conditions set out in this Regulation. _________________ 23 Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p.6). 24 Council 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)
Amendment 229 #
Proposal for a regulation
Recital 16
Recital 16
(16) In the fight against terrorist offences and other serious criminal offences, it is imperative that law enforcementthe authorities have the most up- to-date information if they are to perform their tasks. Access to VIS data for law enforcement purpose has already proven its usefulness in identifying people who died violently or for helping investigators to make substantial progress in cases related to human being trafficking, terrorism or drug trafficking. Access to the information contained in the EES is necessary to prevent, detect and investigate terrorist offences as referred to in Council Framework Decision 2002/475/JHA23 or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA24. The data generated by the EES may be used as an identity verification tool both in cases where the third country national has destroyed his/her documents and where law enforcement authorities are investigating a crime through the use of fingerprints or facial image and wish to establish an identity. It may also be used as a criminal intelligence tool to construct evidence by tracking the travel routes of a person suspected of having committed a crime or a victim of crime. Therefore, the data in the EES should be available, to the designated authorities of the Member States and the European Police Office ('Europol'), subject to the conditions set out in this Regulation. _________________ 23 Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p.6). 24 Council 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)
Amendment 235 #
Proposal for a regulation
Recital 17
Recital 17
(17) Moreover, Europol plays a key role with respect to cooperation between Member States’ authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. Consequently,Europol might also be granted access to the EES within the framework of its competences and tasks and in accordance with Council Decision 2009/371/JHA.25 The European Data Protection Supervisor should monitor the processing of personal data by Europol and should also have access to the EESensure full compliance within the framework of its tasks and in accordance with Council Decision 2009/371/JHA.25Charter of Fundamental Rights of the European Union and the Treaties. _________________ 25Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).
Amendment 239 #
Proposal for a regulation
Recital 18
Recital 18
(18) Access to the EES for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences constitutes an interference with the fundamental rights to respect for the private life of individuals and to protection of personal data of persons whose personal data are processed in the EES. Any such interference must be in accordance with the law, which must be formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise. Any unlawful use of the system should be sanctioned. Any interference must be necessary in a democratic society to protect a legitimate and proportionate interest and proportionate to the legitimate objective to achieve.
Amendment 246 #
Proposal for a regulation
Recital 20
Recital 20
(20) It is necessary to designate the competent authorities of the Member States as well as the central access point through which the requests for access to EES data are made and to keep a list of the operating units within the designated authorities that are authorised to request such access for the specific purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences. Member States should also adopt measures to prevent and sanction unlawful use of the system.
Amendment 248 #
(21) Requests for access to data stored in the Central System should be made by the operating units within the designated authorities to the central access point and should be duly justified. The operating units within the designated authorities that are authorised to request access to EES data should not act as a verifying authority. The central access points should act independently of the designated authorities and should be responsible for ensuring, in an independent manner, strict compliance with the conditions for access as established in this Regulation. In exceptional cases of urgency, where early access is necessary to respond to a specific and actual threat related to terrorist offences or other serious criminal offences, the central access point should be able to process the request immediately and only carry out the verification afterwards, without undue delay, following the processing of the request.
Amendment 256 #
Proposal for a regulation
Recital 25
Recital 25
(25) The personal data stored in the EES should be kept for no longer than is necessary for the purposes of the EES. It is appropriate to keep the data related to third country nationals for a period of five years for border management purposes in order to avoid the need for third country nationals to re-enrol in the EES before that period has lapsed. A five year data retention period is necessary to allow the border guard to verify compliance with entry conditions for third-country nationals and perform the necessary risk analysis under Regulation (EU) 2016/399 of the European Parliament and of the Council before authorising admission to the Member States. The consular processing of visa applications also requires scrutiny of applicants’ travel history so as establish the use made of previous visas and compliance with conditions of admittance. Abandonment of passport stamping should be compensated by EES consultation procedures. Information contained therein regarding travel history should therefore cover a period of time sufficient for the purpose of visa issuance. The five year data retention period should reduce the frequency of re-enrolment and benefit all travellers by cutting average crossing and waiting times at border points. Even those entering a Member States just once will benefit from the fact that fellow travellers already registered in the EES will not be required to repeat the process, thereby reducing waiting times at the border. This data retention period is also necessary to facilitate fast-track and self-service border crossing arrangements, which are dependent on data registered in the EES. A shorter data retention period would effectively increase the duration of border controls and reduce the number of travellers eligible for facilitated border crossing arrangements, thereby undermining this declared EES objective. For third country nationals who are family members of a Union citizen to whom Directive 2004/38/EC27 applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC, it is appropriate to store each coupled entry/ exit record for a maximum period of one year after the last exit. _________________ 27 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).
Amendment 262 #
Proposal for a regulation
Recital 25
Recital 25
(25) The personal data stored in the EES should be kept for no longer than istrictly necessary for the purposes of the EES. It is appropriate related to the use of the system. It is sufficient to keep the data related to third country nationals for a period of five years for border management purposes in order to avoid the need for third country nationals to re-enrol in the EES before that period has lapsedwho have lawfully used the system for a period of eighteen months for border management purposes. For third -country nationals who are family members of a Union citizen to whom Directive 2004/38/EC27 applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC, it is appropriate to store each coupled entry/ exit record for a maximum period of one year after the last exit. _________________ 27 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).
Amendment 265 #
Proposal for a regulation
Recital 26
Recital 26
(26) A five yearsufficient data retention period is necessary to allow the border guard performing the necessary risk analysis requested by the Schengen Borders Code before authorising a traveller entering the Schengen area. The processing of visa application in consular posts requires also analysing the travel history of the applicant to assess the use of previous visas and the respect of the conditions of stay. The abandoning of passport stamping will be compensated by a consultation of the EES. The travel history available in the system should therefore cover a period of time which is sufficient for the purpose of visa issuance. The five year data retention period will reduce the re- enrolment frequency and will be beneficial for all travellers as the average border crossing time will decrease as will do the waiting time at border crossing points. Even for a traveller entering only once in the Schengen area, the fact that other travellers being already registered in the EES will not have to re-enrol will reduce the waiting time at border. This data retention period will also be necessary to allow for facilitation for the border crossing by using process accelerators and self-service systems. Such facilitation is dependent of the data registered in the system. A shorter data retention period would have a negative impact on the duration of border controls. A shorter data retention period would also reduce the group of travellers that can benefit of such facilitation and thereby undermine the stated objective of EESabandoning of passport stamping will be compensated by a consultation of the EES. This data retention period will also be necessary to allow for facilitation for the border crossing by using process accelerators and self-service systems. Such facilitation is dependent of the data registered in the system. The main objective of the EES should be to facilitate border crossing.
Amendment 278 #
Proposal for a regulation
Recital 27
Recital 27
(27) The same retention period of five years would be necessary for data on personData related to third-country nationals who have not exited the territory of the Member States within the authorised period of stay in order to support the identification and return process and forand persons whose entry for a short stay {or on the basis of a touring visa} has been refused should be kept for a period of three years in order to support the identification and return process. The data should be deleted after the period of fivthree years, unless there are grounds to delete it earlier.
Amendment 279 #
Proposal for a regulation
Recital 28
Recital 28
(28) Precise rules should be laid down as regards the responsibilities for the development and operation of the EES and the responsibilities of the Member States for the connection to the EES. Member States should be able to use resources available through their national programmes under the Internal Security Fund for the development and operation of the EES at national level. The Agency for the operational management of large- scale information systems in the area of freedom, security and justice, established by Regulation (EU) No 1077/2011 of the European Parliament and of the Council28, should be responsible for the development and operational management of a centralised EES in accordance with this Regulation and the relevant provisions of Regulation (EU) No 1077/2011 should be amended accordingly. _________________ 28 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).
Amendment 288 #
Proposal for a regulation
Recital 32
Recital 32
(32) Personal data obtained by Member States pursuant to this Regulation should not be transferred or made available to a third country, an international organisation or any private party established in or outside the Union except if necessary in individual cases in order to assist the identification of a third country national in relation to his/her return and subject to strict conditions, This should be done without prejudice to human dignity ensuring respect for the protection of personal data.
Amendment 305 #
Proposal for a regulation
Recital 43
Recital 43
(43) This Regulation establishing the EES replaces the obligation to stamp passports of third country nationals which is applicable by all acceding Member States. Stays in Member States which are not yet fully applying the Schengen acquis in accordance with their respective Acts of Accessionprovisions of Title III of Regulation (EU) 399/2016 should not be taken into account in the calculation of the duration of the authorised stay in the Schengen area. Such Member States should register in the EES the stay of third country nationals but the automated calculator in the system should not compute it as part of the authorised length of stof 90 days in any period of 180 days.
Amendment 306 #
Proposal for a regulation
Recital 43
Recital 43
(43) This Regulation establishing the EES replaces the obligation to stamp passports of third country nationals which is applicable by all acceding Member States. Stays in Member States which are not yet fully applying the Schengen acquis in accordance with their respective Acts of Accession should not be taken into account in the calculation of the duration of the authorised stay in the Schengen area. Such Member States should register in the EES the stay of third country nationals butand the automated calculator in the system should not compute it as part of the authorised length of stay.
Amendment 308 #
Proposal for a regulation
Recital 51
Recital 51
(51) This Regulation constitutes an actRegarding Bulgaria, Croatia, Cyprus and Romania, the provisions of this Regulation concerning the VIS constitute provisions building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(2) of the 2003 Act of Accession, Article 4(2) of the 2005 Act of Accession and Article 4(2) of the 2011 Act of Accession,
Amendment 309 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes an 'Entry/Exit System' (EES), without prejudice to the fundamental rights of citizens of the Union as regards free movement of persons, for the recording and storage of information on the date, time and place of entry and exit of third country nationals crossing the external borders of the Member States, for the calculation of the duration of their stay, and for the generation of alerts to Member States when authorised periods for stay have expired as well as for the recording of the date, time and place of refusal of entry of third country nationals whose entry for a short stay or on the basis of a touring visa has been refused as well as the authority of the Member State which refused the entry and the reasons for the refusal.
Amendment 315 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. TFor the purposes of prevention, detection and investigation of terrorist offences or of other serious criminal offences, this Regulation also lays down in its Chapter IV the conditions and limitations under which Member States' designated law enforcement authorities and the European Police Office (Europol) may obtain access for consultation of the EES for the purposes of the prevention, detection and investigation of terrorist offences or of other serious criminal offences.
Amendment 353 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Agency for the operational management of large-scale information systems in the area of freedom, security and justice ('eu-LISA') shall develop the EES and ensure its operational management, including the functionalities for processing biometric data referred to in Article 14(1)(f) and Article 15, as well as adequate security.
Amendment 355 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Amendment 363 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) allow tohe identifyication and detection of overstayers (also within the territory) and enable competent national authorities of the Member States to take appropriate measures including to increase the possibilities for return; (Article 5 shall be divided into 3 paragraphs corresponding to the different purposes of the Regulation relating to the different legal basis used.)
Amendment 371 #
Proposal for a regulation
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(ia) In addition to paragraph 1, for the purpose of the prevention, detection and investigation of terrorist offences or of other serious criminal offences and in accordance with the conditions set out in this Regulation, the EES shall: (Article 5 shall be divided into 3 paragraphs corresponding to the different purposes of the Regulation relating to the different legal basis used.)
Amendment 383 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
3. In order to facilitate border crossing for third-country nationals who frequently travel and have been pre- vetted, Member States may establish national facilitation programmes in accordance with Article 8e of Regulation 2016/399 and connect them to the EES. (Article 5 shall be divided into 3 paragraphs corresponding to the different purposes of the Regulation relating to the different legal basis used and for consistency with the amendments to the Schengen borders code relating to the possible use of national facilitation programmes.)
Amendment 387 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) a secure Communication Infrastructure between the Central System and the National Uniform Interfaces.
Amendment 397 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 411 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Stays in Member States which are not yet fully applying the Schengen acquis in accordance with their respective Acts of Accessionprovisions of Title III of Regulation (EU) 399/2016 shall not be taken into account in the calculation of the duration of the authorised stay in the Schengen area. Those Member States shall register the stays of third country nationals in the EES. The automated calculator in the system shall not however compute stays in Member States which are not yet fully applying the Schengen acquis as part of the authorised length of stay.
Amendment 413 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Stays in Member States which are not yet fully applying the Schengen acquis in accordance with their respective Acts of Accession shall not be taken into account in the calculation of the duration of the authorised stay in the Schengen area. Those Member States shall register the stays of third country nationals in the EES. The automated calculator in the system shall not however compute stays in Member States which are not yet fully applying the Schengen acquis as part of the authorised length of stay.
Amendment 427 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Carriers may use the secure internet access to the web service referred to in paragraph 1 to verify whether or not third country nationals holding a single or double entry visa have already used the visa. The carrier shall provide the data listed in Article 14(1)(d). The web service shall on that basis provide the carriers with an OK/NOT OK answer. Carriers may store the information sent and the answer received for a maximum of 48 hours after which the data shall be automatically deleted.
Amendment 430 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Detailed rules on the conditions for operation of the web service and the data protection and security rules applicable to the web service shall be adopted in accordance with the examination procedure referred to in Article 61(2). Relevant stakeholders shall be consulted in the development phase of the web service.
Amendment 437 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Where it is necessary to create or update the individual file data of a visa holder, the border authorities may retrieve and import the data provided for in Article 14(1) (d), (e) and to (g) directly from the VIS in accordance with Article 18a of Regulation (EC) No 767/2008.
Amendment 444 #
Proposal for a regulation
Article 14 – paragraph 1 – point f
Article 14 – paragraph 1 – point f
(f) the facial image, where possible extracted electronically from the eMRTD or the VIS, and where this is not possible, taken live. Facial images taken live shall be in accordance with the specifications for the minimum level of quality for the resolution and use of facial images taken live adopted by the Commission in accordance with the examination procedure referred to in Article 61(2);
Amendment 450 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. In order to create the individual file of a visa holding third country national the data provided for in paragraph 1 (d), (e) and to (g) may be retrieved and imported directly from the VIS by the border authority in accordance with Article 18a of Regulation (EC) No 767/2008.
Amendment 459 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
However, where the physical impossibility is of a temporary nature, the person shall be required to give the fingerprints at the subsequent entry. The border authorities shall be entitled to request further clarification on the grounds for the temporary impossibility to provide fingerprints. This information shall be limited to what is strictly necessary for the clarification of such grounds and shall be stored in the individual file until such time as the person is able to give fingerprints but no longer than the retention period for that individual file.
Amendment 465 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where a decision has been taken by the border authority, in accordance with Article 14 of Regulation (EU) 2016/399 and Annex V thereto, to refuse the entry of a third country national referred to in Article 2(2) of this Regulation to the territories of the Member States, and where no previous file has been registered in the EES for that third country national the border authority shall create an individual file in which it shall enter the alphanumeric data required pursuant to Article 14(1) in the case of visa holding third country nationals and the alphanumeric data required pursuant to Article 15(1) in the case of visa exempt third country nationals.
Amendment 504 #
Proposal for a regulation
Article 26 – paragraph 3 – subparagraph 2
Article 26 – paragraph 3 – subparagraph 2
The designated authority and the central access point mayshall not be part of the same organisation if permitted under national law, but t. The central access point shall act independently when performing its tasks under this Regulation. The central access point shall be separate from the designated authorities and shall not receive instructions from them as regards the outcome of the verification.
Amendment 517 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. In an exceptional case of urgency, where there is a need to prevent an imminent danger associated with a terrorist offence or another serious criminal offence, the central access point(s) shall process the request immediately and shall only verify ex post whether all the conditions of Article 29 are fulfilled, including whether an exceptional case of urgency actually existed. The ex post verification shall take place without undue delay and not later than 48 hours after the processing of the request.
Amendment 522 #
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) access for consultation is necessary for the purpose of the prevention, detection or investigation of a terrorist offences or another serious criminal offence, thus making a search of the database proportionate if there is an overriding public security concern;
Amendment 526 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) access for consultation is necessaryproportionate in athe specific case;
Amendment 529 #
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) evidence or reasonable grounds exist to consider that the consultation of the EES data may substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation;
Amendment 530 #
2. The access to the EES as a criminal identification tool for the purpose of identifying an unknown suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence shall be allowed when the conditions listed in paragraph 1 are met and the following additional conditions are met:a prior search has been conducted in national databases without success.
Amendment 532 #
Proposal for a regulation
Article 29 – paragraph 2 – point a
Article 29 – paragraph 2 – point a
Amendment 533 #
Proposal for a regulation
Article 29 – paragraph 2 – point b – paragraph 1
Article 29 – paragraph 2 – point b – paragraph 1
Amendment 534 #
Proposal for a regulation
Article 29 – paragraph 2 – point b – paragraph 2
Article 29 – paragraph 2 – point b – paragraph 2
Amendment 539 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The access to the EES as a criminal intelligence tool to consult the travel history or the periods of stay in the Schengen area of a known suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence shall be allowed when the conditions listed in paragraph 1 are met and where there is a duly justified need to consult the entry/exit records of the person concerned.
Amendment 549 #
Proposal for a regulation
Article 30 – paragraph 1 – point a
Article 30 – paragraph 1 – point a
(a) the consultation is necessary to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling under Europol's mandate, thus making a search of the database proportionate if there is an overriding public security concerncompetences;
Amendment 551 #
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
(b) the consultation is necessaryproportionate in athe specific case;
Amendment 553 #
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
(c) evidence or reasonable grounds exist to consider that the consultation may substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation.
Amendment 558 #
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. The processing of information obtained by Europol from consultation with EES data shall be subject to the authorisation of the Member State of origin. That authorisation shall be obtained via the Europol national unit of that Member State. The European Data Protection Supervisor shall monitor the processing of personal data by Europol.
Amendment 561 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Each entry/exit record or refusal of entry record linked to an individual file shall be stored for five yearin the Central System for eighteen months following the date of the exit record or of the refusal of entry record, as applicable.
Amendment 567 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Each individual file together with the linked entry/exit record(s) or refusal of entry records shall be stored in the EESCentral System for fivthree years and one day following the date of the last exit record if there is no entry record within fivthree years from that last exit record or refusal of entry record.
Amendment 574 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. If there is no exit record following the date of expiry of the authorised period of stay, the data shall be stored for a period of fivthree years following the last day of the authorised stay. The EES shall automatically inform the Member States three months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures.
Amendment 584 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. By way of derogation tofrom paragraphs (2) and (3), the entry/exit record(s) generated by third country nationals in their condition ofwho are family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC, shall be stored in the EES for a maximum of one year after the last exit record.
Amendment 585 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Upon expiry of the retention period referred to in paragraphs 1 and 2to 4 such data shall automatically be erased from the Central System.
Amendment 592 #
Proposal for a regulation
Article 32 – paragraph 6 – introductory part
Article 32 – paragraph 6 – introductory part
6. Where a third country national has acquired the nationality of a Member State or has fallen under the scope of Article 2(3) before the expiry of the period referred to in Article 31, the individual file and the records linked to it in accordance with Articles 14 and 15 shall be deleted without delay, without delay and in any event no later than 48 hours from the moment the relevant Member State becomes aware of that fact, be deleted from the EES as well as, where applicable, from the list of identified persons referred to in Article 11:
Amendment 595 #
Proposal for a regulation
Article 32 – paragraph 7
Article 32 – paragraph 7
7. The Central System shall immediately inform all Member States and eu-LISA of the erasure of data from the EES and where applicable from the list of identified persons referred to in Article 11.
Amendment 596 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
The Commission shall adopt the following measures necessary for the development and technical implementation of the Central System, the National Uniform Interfaces, and the secure Communication Infrastructure, in particular measures for:
Amendment 599 #
Proposal for a regulation
Article 33 – paragraph 1 – point a a (new)
Article 33 – paragraph 1 – point a a (new)
(aa) the specifications for the minimum level of quality for the resolution and use of facial images extracted electronically from the eMRTD or the VIS and for facial images taken live for biometric verification and identification in the EES;
Amendment 601 #
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
Amendment 603 #
Proposal for a regulation
Article 33 – paragraph 1 – point c
Article 33 – paragraph 1 – point c
Amendment 605 #
Proposal for a regulation
Article 33 – paragraph 1 – point d
Article 33 – paragraph 1 – point d
Amendment 612 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 4
Article 34 – paragraph 1 – subparagraph 4
The development shall consist of the elaboration and implementation of the technical specifications, testing and overall project coordination as well as of the carrying out of risk assessments on the system. Throughout the entire life cycle of the system, the development principles of privacy by design and privacy by default shall be taken fully into account.
Amendment 619 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 2 – introductory part
Article 36 – paragraph 1 – subparagraph 2 – introductory part
Each Member State shall ensure that the data collected and recorded in the EES is processed lawfully, and in particular that only duly authorised staff have access to the data for the performance of their tasks. The Member State responsible shall ensure in particular that:
Amendment 620 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 2 – point c a (new)
Article 36 – paragraph 1 – subparagraph 2 – point c a (new)
(ca) comply with legislation specifically relating to data privacy.
Amendment 621 #
Proposal for a regulation
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. eu-LISA shall keep the European Data Protection Supervisor informed throughout the entire life cycle of the EES from its development to its operation and data.
Amendment 632 #
Proposal for a regulation
Article 38 – paragraph 2 – point d a (new)
Article 38 – paragraph 2 – point d a (new)
(da) a final decision ordering the return of the third-country national has been issued by the appropriate competent authority of the Member State in which the third-country national has been staying.
Amendment 644 #
(aa) the period for which the data are retained;
Amendment 645 #
Proposal for a regulation
Article 44 – paragraph 1 – point a b (new)
Article 44 – paragraph 1 – point a b (new)
(ab) the consequences should the authorised duration of stay be exceeded, which may result in the addition of the individual's data to a list as provided for in Article 11(2);
Amendment 650 #
Proposal for a regulation
Article 44 – paragraph 1 – point e a (new)
Article 44 – paragraph 1 – point e a (new)
(ea) the right for overstayers to have their personal data deleted where they provide evidence that they exceeded the authorised duration of stay due to unforeseeable and serious events;
Amendment 652 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Without prejudice to Article 12 of Directive 95/46/EC any third country national shall have the right to obtain the data relating to him or her recorded in the EES and of the Member State which transmitted it to the EES. Such data shall be provided to the third-country national concerned within two months of the date of receipt of a request.
Amendment 657 #
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. If a request for correction or deletion is made to a Member State other than the Member State responsible, the authorities of the Member State to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the EES within a time limit of one month14 days if that check can be done without consulting the Member State responsible. Otherwise the Member State other than the Member State responsible shall contact the authorities of the Member State responsible within a time limit of 143 days and the Member State responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of one month14 days.
Amendment 659 #
Proposal for a regulation
Article 46 – paragraph 3 – subparagraph 2
Article 46 – paragraph 3 – subparagraph 2
In the event that visa-related data recorded in the EES are factually incorrect or have been recorded unlawfully, the Member State responsible or, where applicable, the Member State to which the request has been made shall first check the accuracy of these data against the VIS and if necessary will amend them in the EES. Should the data recorded in the VIS be the same as in the EES, the Member State responsible or the Member State to which the request was made , shall contact the authorities of the Member State responsible for entering these data in the VIS within a time limit of 143 days. The Member State responsible for entering the data in the VIS shall check the accuracy of the visa related data and the lawfulness of its processing in the EES within a time limit of one month14 days and inform the Member State responsible or the Member State to which the request has been made which shall, if necessary, amend or erase them without delay from the EES and, where applicable, from the list of persons referred to in Article 11(2).
Amendment 661 #
Proposal for a regulation
Article 46 – paragraph 6
Article 46 – paragraph 6
6. Any request made pursuant to paragraphs 1 and 2 shall contain the necessaryminimum information necessary to identify the person concerned, including fingerprints. Fingerprints may be used for the identification of the person concerned only in cases where there are substantive doubts as to the identity of that person. That information shall be used exclusively to enable t the exercise of the rights referred to in paragraphs 1 and 2 and shall be erased immediately afterwards.
Amendment 666 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. In each Member State any person shall have the right to bring an action or a complaint before the competent authorities or courts of that Member State which refused the right of access to or the right of correction or deletion of data relating to him, provided for in Article 46. The right to bring such an action or complaint shall also apply in cases where requests for access, correction or deletion were not answered within the deadlines provided for in Article 46 or were never dealt with by the data controller.
Amendment 667 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. The supervisory authority shall ensure that an audit of the data processing operations in the National System is carried out in accordance with relevant international auditing standards at least every fourtwo years.
Amendment 672 #
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The European Data Protection Supervisor shall ensure that an audit of the Agency's personal data processing activities is carried out in accordance with relevant international auditing standards at least every fourtwo years. A report of that audit shall be sent to the European Parliament, the Council, eu-LISA, the Commission and the national supervisory authorities. eu- LISA shall be given an opportunity to make comments before the report is adopted.
Amendment 674 #
Proposal for a regulation
Article 50 – paragraph 3 a (new)
Article 50 – paragraph 3 a (new)
3a. The European Data Protection Supervisor shall be allocated the resources adequate and necessary for the fulfilment of the tasks entrusted to it under this Regulation.
Amendment 688 #
Proposal for a regulation
Article 57 – paragraph 1 – introductory part
Article 57 – paragraph 1 – introductory part
1. The duly authorised staff of the competent authorities of Member States, the Commission, eu-LISA and Frontex shall have access to consult the following data, solely for the purposes of reporting and statistics without allowing for individual identification or profiling:
Amendment 689 #
Proposal for a regulation
Article 57 – paragraph 1 – point b
Article 57 – paragraph 1 – point b
(b) nationality, gender and date of birth of the third country national;
Amendment 699 #
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
Amendment 710 #
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. By [Six months after the entry into force of this Regulation – OPOCE, please replace with the actual date] and every six months thereafter during the development phase of the EES, eu-LISA shall submit a report to the European Parliament and the Council, the Council and the European Data Protection Supervisor on the state of play of the development of the Central System, the Uniform Interfaces and the Secure Communication Infrastructure between the Central System and the Uniform Interfaces. Once the development is finalised, a report shall be submitted to the European Parliament and the Council, the Council and the European Data Protection Supervisor explaining in detail how the objectives, in particular relating to planning and costs, were achieved as well as justifying any divergences.
Amendment 711 #
Proposal for a regulation
Article 64 – paragraph 4
Article 64 – paragraph 4
4. Two years after the start of operations of the EES and every two years thereafter, eu-LISA shall submit to the European Parliament, the Council and, the Commission and the European Data Protection Supervisor a report on the technical functioning of EES, including the security thereof.
Amendment 715 #
Proposal for a regulation
Article 64 – paragraph 5
Article 64 – paragraph 5
5. Threewo years after the start of operations of the EES and every fourtwo years thereafter, the Commission shall produce an overall evaluation of the EES. This overall evaluation shall include an examination of results achieved against objectives and the impact on fundamental rights, and assessing the continuing validity of the underlying rationale, the application of the Regulation, the security of the EES and any implications on future operations, and shall make any necessary recommendations. The Commission shall transmit the evaluation report to the European Parliament and the Council, the Council and the European Data Protection Supervisor.
Amendment 721 #
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. 2. By way of derogation from paragraph 1, Chapter IV shall apply from [two years after the entry into force of this Regulation] and only after an evaluation report has been presented to the Parliament and the Council showing its feasibility and necessity. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.