5 Amendments of Emil RADEV related to 2016/0407(COD)
Amendment 65 #
Proposal for a regulation
Recital 12
Recital 12
(12) Alerts on return should be deleted as soon as the Member State or competent authority that issued the return decision in accordance with provisions respecting Directive 2008/115/EC has been informed that the return has taken place. Where a return decision is accompanied by an entry ban, the latter should be entered in SIS in accordance with Article 24(3) of Regulation (EU) 2018/xxx [border checks]. In such cases Member States should take all necessary measures to ensure that no time-gap exist between the moment in which the third- country national leaves the Schengen area and the activation of the alert on the entry ban in SIS. Where a return decision is not accompanied by an entry ban, the alert on return information should be stored in SIS for a maximum period of five years starting from the time the competent authorities of the Member State issuing the alert on return are informed of the successful return of the person concerned.
Amendment 70 #
Proposal for a regulation
Recital 15
Recital 15
(15) Alerts should be kept in SIS only for the time required to fulfil the purposes for which they were entered. In accordance with Article 34 of Regulation (EU) 2018/xxx [border checks] the review period for alerts on third- country nationals is five years.
Amendment 129 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The issuing Member State shall immediately delete the alert following the receipt of the confirmation of return and only if an entry ban has become active in accordance with Article 24(3) of Regulation (EU) 2018/xxx [Border checks].
Amendment 130 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 (new)
Article 6 – paragraph 2 – subparagraph 1 (new)
Where there is no entry ban alert or it has not become active, the alert on return information on third country nationals shall continue to be stored in SIS for a maximum period of five years starting from the time the competent authorities of the Member State issuing the alert on return are informed of the successful return of the person concerned.
Amendment 147 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Without prejudice to Articles 6 and 8, alerts on return shall be deleted when the decision upon which the alert was based has been withdrawn or annulled by the competent authority. Alerts on return shall also be deleted when the third-country national concerned can demonstrate that they have left the territory of the Member States in compliance with a return decision issued in accordance with provisions respecting Directive 2008/115/EC.