BETA

38 Amendments of Caterina CHINNICI related to 2011/0023(COD)

Amendment 179 #
Proposal for a directive
Recital 24
(24) Taking into consideration the right to the protection of personal data, the rights of the data subjects to processing of their PNR data, such as the right of access, the right of rectification, erasure and blocking, as well as the rights to compensation and judicial remedies, should be in line with Framework Decision 2008/977/JHA.deleted
2015/04/20
Committee: LIBE
Amendment 229 #
Proposal for a directive
Article 1 – paragraph 1
1. This Directive provides conditions for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the Member States, as well as the processiflights between the Union and third countries, as well as the use, retention and exchange of that data, including its collection, use and retention by the Member States and its exchange between them by Member States.
2015/04/20
Committee: LIBE
Amendment 233 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
1a. This Directive shall not apply to flights within the territory of the Union or the means of transport other than airplanes.
2015/04/20
Committee: LIBE
Amendment 234 #
Proposal for a directive
Article 1 – paragraph 1 b (new)
1b. The PNR data that is collected pursuant to this Directive may not be used for border control purposes.
2015/04/20
Committee: LIBE
Amendment 242 #
Proposal for a directive
Article 1 – paragraph 2 – introductory part
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) The prevention, detection, investigation and prosecution of terrorist offences and serious crime according to Article 4(2)(b) and (c); and (b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crimecertain types of serious transnational crime as defined in point (i) of Article 2 and according to Article 4(2)(a) and (d).. deleted deleted
2015/04/20
Committee: LIBE
Amendment 286 #
Proposal for a directive
Article 2 – paragraph 1 – point i – introductory part
(i) ‘serious transnational crime’ means the following offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a Member State, and: trafficking in human beings, sexual exploitation of children, illicit trafficking in narcotic drugs, illicit trafficking in weapons and illicit trafficking in munition and explosives if :
2015/04/20
Committee: LIBE
Amendment 315 #
Proposal for a directive
Article 3 – paragraph 1 b (new)
1b. All members of the Passenger Information Unit who have access to PNR data shall have had received specifically tailored training on processing of PNR data in full compliance with data protection principles and fundamental rights.
2015/04/20
Committee: LIBE
Amendment 331 #
Proposal for a directive
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt. Member States shall adopt the necessary measures to ensure that their Passenger Information Unit may request air carriers in accordance with Article 6 to: (a) transfer (‘push’) all PNR data of all passengers arriving or departing from that Member state in an anonymised format; (b) transfer (‘push’) specific PNR data of an individual linked to a name, contact detail or payment method linked to a specific case of prevention, detection, investigation or prosecution of a terrorist offence or a specific serious transnational crime; (c) transfer (‘push’) PNR data of all passengers on specific flights where a risk assessment of the Passenger Information Unit has proven a high concrete risk that persons linked to a specific case of prevention, detection, investigation or prosecution of a terrorist offence or a specific serious transnational crime are travelling on those flights.
2015/04/20
Committee: LIBE
Amendment 342 #
Proposal for a directive
Article 4 – paragraph 1 b (new)
1b. A request pursuant to subparagraphs 1 (b) and (c) shall be subject to prior authorisation by a judicial authority and subject to a quarterly judicial review. The specification referred to in subparagraph 1 (c) may be temporal, geographical or both.
2015/04/20
Committee: LIBE
Amendment 361 #
Proposal for a directive
Article 4 – paragraph 2 – point b
(b) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or seriousa type of serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment the Passenger Information Unit may compare PNR data against relevant databases, including international or national databases or national mirrors of Unionnational databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such filesdata bases. In carrying out such an assessment the Passenger Information Unit may compare PNR data against the Schengen Information System and the Visa Information System. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated meansand subject to human intervention by a member of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action; and
2015/04/20
Committee: LIBE
Amendment 400 #
Proposal for a directive
Article 4 – paragraph 4 b (new)
4b. The storage, processing and analysis of PNR data shall be carried out exclusively within the territory of the Union. The law applicable to these procedures shall therefore be Union law on personal data protection.
2015/04/20
Committee: LIBE
Amendment 486 #
Proposal for a directive
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is transmitted without delay by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considers such transfer to be necessaryrelevant for the prevention, detection, investigation or prosecution of terrorist offences or seriouscertain types of serious transnational crime. The Passenger Information Units of the receiving Member States shall transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities. Where appropriate, an alert shall be entered in accordance with Article 36 of the Schengen Information System.
2015/04/20
Committee: LIBE
Amendment 533 #
Proposal for a directive
Article 7 – paragraph 6
6. Exchange of information under this Article mayshall take place using any existing channels for European and international law enforcement cooperation, in particular Europol and national units under Article 8 of Council Decision 2009/371/JHA of 6 April 2009. The language used for the request and the exchange of information shall be the one applicable to the channel used. Member States shall, when making their notifications in accordance with Article 3(3), also inform the Commission with details of the contacts to which requests may be sent in cases of urgency. The Commission shall communicate to the Member States the notifications received.
2015/04/20
Committee: LIBE
Amendment 547 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
A Member State may transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis, only on the basis of an international agreement between the Union and that third country and if:
2015/04/20
Committee: LIBE
Amendment 552 #
Proposal for a directive
Article 8 – paragraph 1 – point a
(a) the conditions laid down in Article 13 of Council Framework Decision 2008/977/JHA are fulfilldeleted,
2015/04/20
Committee: LIBE
Amendment 569 #
Proposal for a directive
Article 8 – paragraph 1 – point b
(b) the transfer is strictly necessary for the purposes of this Directive specified in Article 1(2), and.
2015/04/20
Committee: LIBE
Amendment 596 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
A Member State may transfer PNR data and the results of the processing of PNR data to a third country only if: (a) the third country receiving the data agrees not to transfer the PNR data and the results of the processing of PNR data to another country. (b) the third country submits a duly reasoned request to a competent authority referred to in Article 5 of the Member State concerned; (c) the reasoned request sets out reasonable grounds to consider that the transmission of the PNR data or the results of the processing of the PNR data will substantially contribute to the prevention, detection, investigation or prosecution of the terrorist offence or a serious transnational crime in question; and (d) a court verified, in a timely manner, that all conditions set out in paragraphs (a) and (e) are fulfilled.
2015/04/20
Committee: LIBE
Amendment 613 #
Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that the PNR data provided by the air carriers, pursuant to Article 4(1), subparagraphs (b) and (c), to the Passenger Information Unit, are retained in a database at the Passenger Information Unit for a period of 302 days after their first transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
2015/04/20
Committee: LIBE
Amendment 626 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 302 days after the first transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of fivone years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymised PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecutions shall be depersonalised through masking out in accordance with Article 9a (new).
2015/04/20
Committee: LIBE
Amendment 677 #
Proposal for a directive
Article 10 – paragraph 1
Member States shall ensure, in conformity with their national law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers which, do not transmit the data required under this Directive, to the extent that they are already collected by the them, or do not do so in the required format, or do not handle and process the data in accordance with the data protection rules laid down in this Directive and in other relevant legally binding Union acts, or otherwise infringe the national provisions adopted pursuant to this Directive.
2015/04/20
Committee: LIBE
Amendment 712 #
Proposal for a directive
Article 11 – paragraph 6
6. Any transfer of PNR data by Passenger Information Units and competent authorities to private parties in Member States or in third countries shall be prohibited.
2015/04/20
Committee: LIBE
Amendment 719 #
Proposal for a directive
Article 11 a (new)
Article 11a Processing of special categories of data 1. Member States shall prohibit the processing of PNR data revealing race or ethnic origin, political opinions, religion or philosophical beliefs, sexual orientation or gender identity, trade-union membership or activities, and the processing of biometric data or of data concerning health or sex life. 2. In the event that PNR data revealing such information are received by the Passenger Information Unit, they shall be deleted without delay. To that end, upon the receipt of PNR data from air carriers, Member States shall apply automated and manual controls to identify and delete sensitive data from PNR data obtained. 3. In order to identify and delete any sensitive data from PNR data retained, members of the Passenger Information Unit shall undertake manual checks before any further manual processing and prior to any transfer of PNR data to competent authorities in accordance with Article 4(2), to the Passenger Information Unit or another Member State in accordance with Article 7, or to a third country in accordance with Article 8.
2015/04/20
Committee: LIBE
Amendment 722 #
Proposal for a directive
Article 11 b (new)
Article 11b Information to the data subject 1. When PNR data relating to a data subject are collected, Member States shall ensure that the Passenger Information Unit provides the data subject with at least the following information: (a) the identity and the contact details of the data protection officer; (b) the legal basis and the purposes of the processing for which the PNR data are intended; (c) the period for which the PNR data will be stored; (d) the existence of the right to request from the controller access to and rectification, erasure or restriction of processing of the PNR data concerning the data subject; (e) the right to lodge a complaint with the supervisory authority referred to in Article 12 and the contact details of the supervisory authority; (f) the recipients of the personal data, including in third countries, and who is authorised to access this data under the laws of that third country; (g) information regarding security measures taken to protect personal data; (h) any further information in so far as such further information is necessary to guarantee fair processing in respect of the data subject, having regard to the specific circumstances in which the personal data are processed. 2. The information referred to in paragraph 1 shall be provided at the time when the PNR data are obtained from the data subject, through relevant websites and notices that may be incorporated into contract of carriage by air carriers. 3. Member States shall ensure a publication of a guide for exercising the right of access with all the necessary contact information and details. The same information shall be made available by the Member States to the public.
2015/04/20
Committee: LIBE
Amendment 724 #
Proposal for a directive
Article 11 c (new)
Article 11c Right of access for the data subject Member States shall provide for the right of the data subject to obtain from the Passenger Information Unit a copy of the PNR data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject.
2015/04/20
Committee: LIBE
Amendment 726 #
Proposal for a directive
Article 11 d (new)
Article 11d Right to rectification and completion 1. Member States shall provide for the right of the data subject to obtain from the Passenger Information Unit the rectification or the completion of personal data relating to him or her which are inaccurate or incomplete, in particular by way of a completing or corrective statement. 2. Member States shall provide that the Passenger Information Unit informs the data subject in writing, with a reasoned justification, of any refusal of rectification or completion, on the reasons for the refusal and on the possibilities of lodging a complaint with the supervisory authority and seeking a judicial remedy. 3. Member States shall provide that the Passenger Information Unit shall communicate any rectification carried out to each recipient to whom the data have been disclosed, unless to do so proves impossible or involves a disproportionate effort. 4. Member States shall provide that the Passenger Information Unit communicates the rectification of inaccurate personal data to the third party from whom the inaccurate personal data originate.
2015/04/20
Committee: LIBE
Amendment 727 #
Proposal for a directive
Article 11 e (new)
Article 11e Right to erasure 1. Member States shall provide for the right of the data subject to obtain from the Passenger Information Unit the erasure of personal data relating to him or her where the processing does not comply with the provisions adopted pursuant to Article 4 of this Directive. 2. The Passenger Information Unit shall carry out the erasure without delay. The Passenger Information Unit shall also abstain from further dissemination of such data. 3. Instead of erasure, the Passenger Information Unit shall restrict the processing of the personal data where: (a) their accuracy is contested by the data subject, for a period enabling the Passenger Information Unit to verify the accuracy of the data; (b) the personal data have to be maintained for purposes of proof or for the protection of vital interests of the data subject or another person. 4. Member States shall provide that the Passenger Information Unit informs the data subject in writing, with a reasoned justification, of any refusal of erasure or restriction of the processing, on reasons for the refusal and on the possibilities of lodging a complaint with the supervisory authority and seeking a judicial remedy. 5. Member States shall provide that the Passenger Information Unit notifies recipients to whom those data have been sent of any erasure or restriction made pursuant to paragraph 1, unless to do so proves impossible or involves a disproportionate effort.
2015/04/20
Committee: LIBE
Amendment 728 #
Proposal for a directive
Article 11 f (new)
Article 11f Documentation 1. Member States shall provide that the Passenger Information Unit maintains documentation of all processing systems and procedures under their responsibility. 2. The documentation shall contain at least the following information: (a) the name and contact details of the organisation and personnel in the Passenger Information Unit entrusted with the processing of PNR data, the different levels of access authorisation and the personnel having such authorisations; (b) a description of the category or categories of data subjects and of the data or categories of data relating to them; (c) the recipients of the personal data; (d) all transfers of data to a third country, including the identification of that third country and the legal grounds on which the data are transferred, a substantive explanation shall be given when a transfer is based on Article 8a (new) of this Directive; (e) the time limits for retention and erasure of the different categories of data; (f) the results of the verifications of the measures that the processing of PNR data is performed in compliance with applicable data protection provisions; (g) an indication of the legal basis of the processing operation for which the data are intended. 3. The Passenger Information Unit shall make all documentation available, on request, to the supervisory authority.
2015/04/20
Committee: LIBE
Amendment 729 #
Proposal for a directive
Article 11 g (new)
Article 11g Keeping of records 1. Member States shall ensure that records are kept of at least the following processing operations: collection, alteration, consultation, disclosure, combination or erasure. The records of consultation and disclosure shall show in particular the purpose, date and time of such operations and as far as possible the identification of the person who consulted or disclosed PNR data, and the identity of the recipients of such data. 2. The records shall be used solely for the purposes of verification of the lawfulness of the data processing, self-monitoring and for ensuring data integrity and data security, or for purposes of auditing, either by the Data Protection Officer or by the supervisory authority. 3. The Member State shall ensure that the Passenger Information Unit shall make the records available, on request, to the supervisory authority.
2015/04/20
Committee: LIBE
Amendment 730 #
Proposal for a directive
Article 11 h (new)
Article 11h Security of processing 1. Member States shall provide that the Passenger Information Unit implements appropriate technical and organisational measures and procedures to ensure a high level of security appropriate to the risks represented by the processing and the nature of the PNR data to be protected, having regard to the state of the art and the cost of their implementation. 2. In respect of automated data processing, each Member State shall provide that the Passenger Information Unit, following an evaluation of the risks, implements measures designed to: (a) deny unauthorised persons access to data-processing equipment used for processing PNR data (equipment access control); (b) prevent the unauthorised reading, copying, modification or removal of data media (data media control); (c) prevent the unauthorised input of data and the unauthorised inspection, modification or deletion of stored PNR data (storage control); (d) prevent the use of automated data- processing systems by unauthorised persons using data communication equipment (user control); (e) ensure that persons authorised to use an automated data-processing system only have access to the data covered by their access authorisation (data access control); (f) ensure that it is possible to verify and establish to which bodies PNR data have been or may be transmitted or made available using data communication equipment (communication control); (g) ensure that it is subsequently possible to verify and establish which PNR data have been input into automated data- processing systems and when and by whom the data were input (input control); (h) prevent the unauthorised reading, copying, modification or deletion of PNR data during transfers of the data or during transportation of the data media (transport control); (i) ensure that installed systems may, in case of interruption, be restored (recovery); (j) ensure that the functions of the system perform, that the appearance of faults in the functions is reported (reliability) and that stored PNR data cannot be corrupted by means of a malfunctioning of the system (integrity). 3. Member States shall provide that the Passenger Information Unit observes the requisite technical and organisational measures under paragraph 1.
2015/04/20
Committee: LIBE
Amendment 731 #
Proposal for a directive
Article 11 i (new)
Article 11i Right to judicial remedy 1. Without prejudice to any available administrative remedy, including the right to lodge a complaint with a supervisory authority, Member States shall provide for the right of every natural person to a judicial remedy if they consider that that their rights laid down in provisions adopted pursuant to this Directive have been infringed as a result of the processing of their personal data in non- compliance with these provisions. 2. Member States shall ensure that final decisions by the court referred to in this Article will be enforced.
2015/04/20
Committee: LIBE
Amendment 732 #
Proposal for a directive
Article 11 j (new)
Article 11j Liability and the right to compensation Member States shall provide that any person who has suffered damage, including non-pecuniary damage, as a result of an unlawful processing operation or of an action incompatible with the provisions adopted pursuant to this Directive shall have the right to claim compensation for the damage suffered.
2015/04/20
Committee: LIBE
Amendment 733 #
Proposal for a directive
Article 11 k (new)
Article 11k Penalties for non-compliance Member States shall lay down the rules on penalties, applicable to infringements of the provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
2015/04/20
Committee: LIBE
Amendment 734 #
Proposal for a directive
Article 11 l (new)
Article 11l Notification of a personal data breach to the supervisory authority 1. Member States shall provide that in the case of a personal data breach, the Passenger Information Unit, without undue delay and, where feasible, not later than 24 hours, the personal data breach to the supervisory authority. The Passenger Information Unit shall provide, on request, to the supervisory authority a reasoned justification in cases of any delay. 2. The notification referred to in paragraph 1 shall at least: (a) describe the nature of the personal data breach including the categories and number of data subjects concerned and the categories and number of data records concerned; (b) communicate the identity and contact details of the Data Protection Officer referred to in Article 3a (new) or other contact point where more information can be obtained; (c) recommend measures to mitigate the possible adverse effects of the personal data breach; (d) describe the possible consequences of the personal data breach; (e) describe the measures proposed or taken by the Passenger Information Unit to address the personal data breach and mitigate its effects. In case all information cannot be provided without undue delay, the Passenger Information Unit can complete the notification in a second phase. 4. Member States shall provide that the Passenger Information Unit documents any personal data breaches, comprising the facts surrounding the breach, its effects and the remedial action taken. This documentation must be sufficient to enable the supervisory authority to verify compliance with this Article. The documentation shall only include the information necessary for that purpose. 5. The supervisory authority shall keep a public register of the types of breaches notified.
2015/04/20
Committee: LIBE
Amendment 735 #
Proposal for a directive
Article 11 m (new)
Article 11m Communication of a personal data breach to the data subject 1. Member States shall provide that when the personal data breach is likely to adversely affect the protection of the personal data and/or the privacy of the data subject, the Passenger Information Unit shall, after the notification referred to in Article 11l (new), communicate the personal data breach to the data subject without undue delay. 2. The communication to the data subject referred to in paragraph 1 shall be comprehensive and use clear and plain language. It shall describe the nature of the personal data breach and contain at least the information and the recommendations provided for in points (b), (c) and (d) of Article 11l (new) and information about the rights of the data subject, including redress. 3. The communication of a personal data breach to the data subject shall not be required if the Passenger Information Unit demonstrates to the satisfaction of the supervisory authority that it has implemented appropriate technological protection measures, and that those measures were applied to the PNR data concerned by the personal data breach. Such technological protection measures shall render the data unintelligible to any person who is not authorised to access it. 4. The communication to the data subject may be delayed or restricted, in a specific case, to the extent that such a delay or restriction constitutes a necessary and proportionate measure: (a) to avoid obstructing official or legal inquiries, investigations or procedures; (b) to protect public security; (c) to protect the rights and freedoms of others.
2015/04/20
Committee: LIBE
Amendment 748 #
Proposal for a directive
Article 12 a (new)
Article 12a Duties of the national supervisory authority 1. Member States shall provide that the supervisory authority: (a) monitors and ensures the application of the provisions adopted pursuant to this Directive and its implementing measures; (b) hears complaints lodged by any data subject, investigates, to the extent appropriate, the matter and informs the data subject of the progress and the outcome of the complaint within a reasonable period, in particular where further investigation or coordination with another supervisory authority is necessary; (c) checks the lawfulness of the data processing; (d) conducts investigations, inspections and audits, either on its own initiative or on the basis of a complaint, and informs the data subject concerned, if the data subject has addressed a complaint, of the outcome of the investigations within a reasonable period; (e) monitors relevant developments, insofar as they have an impact on the protection of personal data, in particular the development of information and communication technologies; 2. The supervisory authority shall, upon request, advise any data subject in exercising the rights laid down in provisions adopted pursuant to this Directive, and, if appropriate, co-operate with supervisory authorities in other Member States to this end. 3. For complaints referred to in point (b) of paragraph 1, the supervisory authority shall provide a complaint submission form, which can be completed electronically, without excluding other means of communication. 4. Member States shall provide that the performance of the duties of the supervisory authority shall be free of charge for the data subject. 5. Where requests are manifestly excessive, in particular due to their repetitive character, the supervisory authority may charge a reasonable fee. Such a fee shall not exceed the costs of taking the action requested. The supervisory authority shall bear the burden of proving the manifestly excessive character of the request.
2015/04/20
Committee: LIBE
Amendment 750 #
Proposal for a directive
Article 12 b (new)
Article 12b Powers of the national supervisory authority 1. Member States shall provide that each supervisory authority has the power: (a) to notify the Passenger Information Unit of an alleged breach of the provisions governing the processing of PNR data and, where appropriate, order the Passenger Information Unit to remedy that breach, in a specific manner, in order to improve the protection of the data subject; (b) to order the Passenger Information Unit to comply with the data subject's requests to exercise his or her rights under this Directive, including those provided by Articles 11c (new) to 11e (new) where such requests have been refused in breach of those provisions; (c) to order the Passenger Information Unit to provide information pursuant to Articles 11b (new), 11l (new) and 11m (new); (e) to warn or admonish the Passenger Information Unit; (f) to order the rectification, erasure or destruction of all data when they have been processed in breach of the provisions adopted pursuant to this Directive and the notification of such actions to third parties to whom the data have been disclosed; (g) to impose a temporary or definitive ban on processing of PNR data; (h) to suspend data flows to a recipient in a third country; 2. Each supervisory authority shall have the investigative power to obtain from the Passenger Information Unit: (a) access to all PNR and personal data and to all information necessary for the performance of its supervisory duties, (b) access to any of its premises, including to any data processing equipment and means, in accordance with national law, where there are reasonable grounds for presuming that an activity in violation of the provisions adopted pursuant to this Directive is being carried out there, without prejudice to a judicial authorisation if required by national law. 3. Without prejudice to Article 21 of the Council Framework Decision 2008/977/JHA, Member States shall provide that no additional secrecy requirements shall be issued at the request of supervisory authorities. 4. Member States may provide that additional security screening in line with national law is required for access to information classified at a level similar to EU CONFIDENTIAL or higher. If no additional security screening is required under the law of the Member State of the relevant supervisory authority, this must be recognised by all other Member States. 5. Each supervisory authority shall have the power to bring breaches of the provisions adopted pursuant to this Directive to the attention of the judicial authorities and to engage in legal proceedings and bring an action to the competent court. 6. Each supervisory authority shall have the power to impose penalties in respect of administrative offences.
2015/04/20
Committee: LIBE
Amendment 790 #
Proposal for a directive
Article 17 a (new)
Article 17a Limitation This Directive shall loose its effect after a period of seven years. The Commission may propose to extend the effect of this Directive for further seven-year-periods. The decision of extension shall be taken by ordinary legislative procedure after the approval by the European Parliament and the Council.
2015/04/20
Committee: LIBE
Amendment 799 #
Proposal for a directive
Article 18 – paragraph 2
2. These statistics shall not contain any personal data. They shall be transmitted to the Commission and the European Parliament on a yearly basis.
2015/04/20
Committee: LIBE