Activities of Pál CSÁKY related to 2017/0144(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a centralised system for the identification of Member States holding conviction information on third country nationals and stateless persons (TCN) to supplement and support the European Criminal Records Information System (ECRIS-TCN system) and amending Regulation (EU) No 1077/2011 PDF (915 KB) DOC (137 KB)
Amendments (11)
Amendment 65 #
Proposal for a regulation
Recital 9
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 be entrusted with the task of developing and operating the new centralised ECRIS-TCN system, given its experience with managing other large scale systems in the area of justice and home affairs. Its mandate should be amended and adequate additional financial and human resources should be made available to reflect these new tasks. _________________ 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).
Amendment 120 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
The provisions of this Regulation that apply to third country nationals shall also apply to citizens of the Union within the meaning of Article 20(1) TFEU who hold the nationality of a third country and who have been subject to final decisions against them of criminal courts in the Member States .
Amendment 121 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) 'criminal record' means the information stored in the national register or registers recogarding convictions handed down against a person in accordance with national law;
Amendment 219 #
Proposal for a regulation
Article 11 – paragraph 3
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.
Amendment 222 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. eu-LISA shall develop and implement the ECRIS-TCN system before [two yearsas soon as possible after the entry into force of this Regulation] and following the adoption by the Commission of the measures provided for in Article 10.
Amendment 224 #
Proposal for a regulation
Article 11 – paragraph 5
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 eightseven representatives appointed by the Management Board from among its members or their alternates, the Chair of the ECRIS-TCN system Advisory Group referred to in Article 36, a member representing eu-LISA appointed by its Executive Director 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.
Amendment 230 #
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. The chairmanship shall be held by thea Member State holding the Presidency of the Council of the European Union, provided that ithat 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.
Amendment 233 #
Proposal for a regulation
Article 11 – paragraph 9
Article 11 – paragraph 9
9. During the design and development phase, the ECRIS-TCN system Advisory Group referred to in Article 36 shall be composed of the national ECRIS-TCN system project managers and chaired by eu-LISA. During the design and development phase it shall meet at least once a month until the start of operations of the ECRIS-TCN system. It shall report after each meeting to the Management Board of eu-LISA. It shall provide the technical expertise to support the tasks of the Management Board and shall follow-up on the state of preparation of the Member States.
Amendment 237 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Each Member State shall give the staff of its authorities which have a right to access the ECRIS-TCN system appropriate training on the use of ECRIS-TCN system, in particular on data security and data protection rules and on relevant fundamental rights, before authorising them to process data stored in the Central System.
Amendment 269 #
Proposal for a regulation
Article 20 – paragraph 1
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, Article 84 of Regulation (EU) 2016/679 and Article 57 of Directive (EU) 2016/680, that are effective, proportionate and dissuasive.
Amendment 311 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Two years after the start of operations of the ECRIS-TCN system and every second year thereafter, eu-LISA shall submit to the Commission a report on the technical functioning of the ECRIS- TCN system and the ECRIS reference implementation, including the security thereof, based in particular on the statistics on the functioning and use of ECRIS-TCN system and on the exchange, through the ECRIS reference implementation, of information extracted from the criminal records.