80 Amendments of Miriam DALLI related to 2016/0408(COD)
Amendment 139 #
Proposal for a regulation
Recital 6
Recital 6
(6) It is necessary to specify the objectives of SIS, its technical architecture and its financing, to lay down rules concerning its end-to-end operation and use and to define responsibilities, 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, rules on the deletion of alerts, the authorities authorised to access the data, the use of biometric identifiers and further rules on data protection and data processing.
Amendment 143 #
Proposal for a regulation
Recital 8
Recital 8
(8) It is necessary to maintainfor the co-legislators to approve the maintenance of a manual setting out the detailed rules for the exchange of certain supplementary information concerning the action called for by alerts. National authorities in each Member State (the SIRENE Bureaux), should ensure the exchange of this information.
Amendment 150 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to allow better monitoring of the use of SIS to analyse trends concerning migratory pressure and border management, the Agency should be able to develop a state-of-the-art capability for statistical reporting to the Member States, the Commission, Europol and the European Border and Cost Guard Agency without jeopardising data integrity. Therefore, a central statistical repository should be established. Any statistic produced should not contain personal data. Any statistic retained in the repository or produced by the repository should not contain personal data as defined in Regulation (EC) No 45/20011a _________________ 1aREGULATION (EC) No 45/2001 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 18 December2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data
Amendment 152 #
Proposal for a regulation
Recital 16
Recital 16
(16) Member States should make the necessary technical arrangement so that each time the end-users are entitled to carry out a search in a national police or immigration database they alsre also entitled to search SIS in parallel in accordance with Article 4 of Directive (EU) 2016/680 of the European Parliament and of the Council44 . This should help ensure that SIS functions as the main compensatory measure in the area without internal border controls and better address the cross-border dimension of criminality and the mobility of criminals. _________________ 44 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data and repealing Council Framework Decision 2008/977/JHA, OJ L 119, 4.5.2016 (OJ L 119, 4.5.2016, p. 89).
Amendment 154 #
Proposal for a regulation
Recital 16
Recital 16
(16) Member States should make the necessary technical arrangement so that each time the end-users are entitled to carry out a search in a national police or immigration database they alsre also entitled to search SIS in parallel in accordance with Article 4 of Directive (EU) 2016/680 of the European Parliament and of the Council44 . This should ensure that SIS functions as the main compensatory measure in the area without internal border controls and better address the cross-border dimension of criminality and the mobility of criminals. _________________ 44 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data and repealing Council Framework Decision 2008/977/JHA, OJ L 119, 4.5.2016 (OJ L 119, 4.5.2016, p. 89).
Amendment 159 #
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should set out the conditions for use of dactylographic data and facial images for identification purposes. The use of facial images for identification purposes in SIS should also help to ensure consistency in border control procedures where the identification and the verification of identity are required by the use of dactylographic datafingerprints and facial images. Searching with dactylographic data should be mandatory if there is any doubt concerning the identity of a person identity of the person cannot be ascertained by any other means. Facial images for identification purposes should only be used in the context of regular border controls in self-service kiosks and electronic gates.
Amendment 162 #
Proposal for a regulation
Recital 18
Recital 18
(18) Fingerprints found at a crime scene should be allowed to be checked against the dactylographic data stored in SIS if it can be established to a high degree of probabilitythere is evidence to show that they belong to the perpetrator of the serious crime or terrorist offence. Serious crime should be those offences, for which there is automatic surrender to the Requesting Member State, as listed in Council Framework Decision 2002/584/JHA45 and ‘terrorist offence’ should be those offences under national law referred to in Council Framework Decision 2002/475/JHA46 . _________________ 45Council Framework Decision (2002/584/JHA) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (0J L 190, 18.07.2002, p. 1). 46 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3)set out in Articles 3, 4, 12 and 14 of Directive (EU) 2017/541 on combating terrorism referred to in Council Decision 2002/475/JHA .
Amendment 169 #
Proposal for a regulation
Recital 20
Recital 20
(20) A greater level of effectiveness, harmonisation and consistency can be achieved by making it mandatory to enter in SIS all entry bans issued by the competent authorities of the Member States in accordance with procedures respecting Directive 2008/115/EC47 , and by setting common rules for entering such alerts following the return of the illegallyrregular staying third country national. 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 in SIS. This should ensure the successful enforcement of entry bans at external border crossing points, effectively preventing re-entry into the Schengen area. _________________ 47 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
Amendment 170 #
Proposal for a regulation
Recital 21
Recital 21
(21) This Regulation should set mandatory rules for the consultation of national authorities in case a third country national holds or may obtain a valid residence permit or other authorisation or right to stay granted in one Member State, and another Member State intends to issue or already entered an alert for refusal of entry and stay to the third country national concerned. Such situations create serious uncertainties for border guards, police and immigration authorities. Therefore, it is appropriate to provide for a mandatory timeframe for rapid consultation with a definite result in order to avoid that persons representing a threat may enter to the Schengen areamandatory timeframe for rapid consultation with a definite result in order that those entitled to reside lawfully in the EU are entitled to enter the EU without difficult and that those who are not entitled to enter the EU are prevented from doing so.
Amendment 173 #
Proposal for a regulation
Recital 23
Recital 23
(23) Alerts should not be kept in SIS longer than the time required to fulfil the purposes for which they were issued. In order reduce the administrative burden on the authorities involved in processing data on individuals for different purposes, it is appropriate to align the maximum retention period of refusal of entry and stay alerts with the possible maximum length of entry bans issued in accordance with procedures respecting Directive 2008/115/EC. Therefore, the retention period for alerts on persons should be a maximum of fivt is therefore necessary to maintain a review of the necessity of an alert after a period of three years. As a general principle, alerts on persons should be automatically deleted from SIS as soon as they are no longer necessary, or after a period of fivthree years. Decisions to keep alerts on persons should be based on a comprehensive individual assessment. Member States should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended.
Amendment 174 #
Proposal for a regulation
Recital 24
Recital 24
(24) Entering and extending the expiry date of a SIS alert should be subject to the necessary proportionality requirement, examining whether a concrete case is adequate, relevant and important enough to insert an alert in SIS. In cases of offences pursuant to Articles 13, 24, 312 and 14 of Council Framework Decision 2002/475/JHADirective (EU) 2017/54 on combating terrorism49, an alert should always be created on third country nationals for the purposes of refusal of entry and stay taking into account the high level of threat and overall negative impact such activity may result in. _________________ 49Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3)as these constitute a very serious threat to public security and integrity of life of individuals and to society.
Amendment 180 #
Proposal for a regulation
Recital 28
Recital 28
(28) Regulation (EU) 2016/67950 should apply to the processing of personal data under this Regulation by Member States authorities when Directive (EU) 2016/68051 does not apply. Regulation (EC) No 45/2001 of the European Parliament and of the Council52 should apply to the processing of personal data by the institutions and bodies of the Union when carrying out their responsibilities under this Regulation. The provisions of Directive (EU) 2016/680, Regulation (EU) 2016/679 and Regulation (EC) No 45/2001 should be further specified in this Regulation where necessary. With regard to processing of personal data by Europol, Regulation (EU) 2016/794 on the European Union Agency for Law Enforcement cooperation53 (Europol Regulation) applies. _________________ 50 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation (OJ L 119, 4.5.2016, p. 1). 51 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data (OJ L 119, 4.5.2016, p.89). 52 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p.1). 53Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 25.5.2016, p. 53).
Amendment 183 #
Proposal for a regulation
Recital 31
Recital 31
(31) The national independent supervisory authorities should monitor the lawfulness of the processing of personal data by the Member States in relation to this Regulation and should be granted sufficient resources to carry out this task. The rights of data subjects for access, rectification and erasure of their personal data stored in SIS, and subsequent remedies before national courtthe number of cases brought before national courts and the subsequent remedies as well as the mutual recognition of judgments should be set out. Therefore, it is appropriate to require annual statistics from Member States.
Amendment 186 #
Proposal for a regulation
Recital 33
Recital 33
(33) Regulation (EU) 2016/794 (Europol Regulation) provides that Europol supports and strengthens actions carried out by the competent authorities of Member States and their cooperation in combating terrorism and serious crime and provides analysis and threat assessments. In order to facilitate Europol in carrying out its tasks, in particular within the European Migrant Smuggling Centre, it is appropriate to allow Europol access to the alert categories defined in this Regulation. Europol's European Migrant Smuggling Centre plays a major strategic role in countering the facilitation of irregular migration, it should obtain access to alerts on persons who are refused entry and stay within the territory of a Member State either on criminal grounds or because of non- compliance with entry and stay conditions.
Amendment 188 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 193 #
Proposal for a regulation
Recital 36
Recital 36
(36) Regulation (EU) 2016/1624 of the European Parliament and of the Council54 provides for the purposes of this Regulation, that the host Member State is to authorise the members of the European Border and Coast Guard teams or teams of staff involved in return-related tasks, deployed by the European Border and Coast Guard Agency, to consult European databases, where this consultation is necessary for fulfilling operational aims specified in the operational plan on border checks, border surveillance and return. Other relevant Union agencies, in particular the European Asylum Support Office and Europol, may also deploy experts as part of migration management support teams, who are not members of the staff of those Union agencies. The objective of the deployment of the European Border and Coast Guard teams, teams of staff involved in return-related tasks and the migration management support teams is to provide for technical and operational reinforcement to the requesting Member States, especially to those facing disproportionate migratory challenges. Fulfilling the tasks assigned to the European Border and Coast Guard teams, teams of staff involved in return- related tasks and to the migration management support teams, necessitates access to SIS via a technical interface of the European Border and Coast Guard Agency connecting to Central SIS. In cases where searches carried out by the team or the teams of staff in SIS reveal the existence of an alert issued by a Member State, the member of the team or the staff cannot take the required action unless authorised to do so by the host Member State. Therefore it should inform the Member States concerned allowing for follow up of the case. _________________ 54 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251 of 16.9.2016, p. 1).
Amendment 198 #
Proposal for a regulation
Recital 37
Recital 37
(37) In accordance with Regulation (EU) 2016/1624 the European Border and Coast Guard Agency shall prepare risk analyses. These risk analyses shall cover all aspects relevant to European integrated border management, notably threats that may affect the functioning or security of the external borders. Alerts introduced in the SIS in accordance with this Regulation, notably the alerts on refusal of entry and stay are relevant information for assessing possible threats that may affect the external borders and should thus be available in view of the risk analysis which must be prepared by the European Border and Coast Guard Agency. Fulfilling the tasks assigned to the European Border and Coast Guard Agency in relation to risk analysis, necessitates access to statistical data but not personal data from SIS. Furthermore, in accordance with Commission proposal for a Regulation of the European Parliament and of the Council establishing a European Travel Information and Authorisation System (ETIAS)55 the ETIAS Central Unit of the European Border and Coast Guard Agency willmay have to perform verifications in SIS via ETIAS in order to perform the assessment of the applications for travel authorisation which require, inter alia, to ascertain if the third country national applying for a travel authorisation is subject of a SIS alert. To this endherefore, should the ETIAS Regulation be adopted, the ETIAS Central Unit within European Border and Coast Guard Agency should also have access to SIS to the extent necessary to carry out its mandate, namely to all alert categories on third country nationals in respect of whom an alert has been issued for the purposes of entry and stay, and those who are subject to restrictive measure intended to prevent entry or transit through Member States. _________________ 55COM (2016)731 final.
Amendment 201 #
Proposal for a regulation
Recital 38
Recital 38
(38) Owing to their technical nature, level of detail and need for regular updating, certain aspects of SIS cannot be covered exhaustively by the provisions of this Regulation. These include, for example, technical rules on entering data, updating, deleting and searching data, data quality and search rules related to biometric identifiers, rules on compatibility and priority of alerts, the adding of flags, links between alerts, setting the expiry date of alerts within the maximum time limit and the exchange of supplementary information. Implementing powers in respect of those aspects should therefore be conferred to the Commission. Technical rules on searching alerts should take into account the smooth operation of national applications.
Amendment 202 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) In order to ensure the proper functioning of both the SIS itself and the SIRENE Bureaux, responsible for the exchange of supplementary information on alerts, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission for the adoption of the SIRENE Manual
Amendment 203 #
Proposal for a regulation
Recital 42
Recital 42
(42) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seekshould fully respect the protection of personal data in accordance with Article 8 of the Charter of Fundamental Rights while seeking to ensure a safe environment for all persons residing on the territory of the European Union and athe protection of irregular migrants from exploitation and trafficking by allowing their identification while fully respecting the protection of personal data.
Amendment 206 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘alert’ means a set of data, including, where appropriate, biometric identifiers as referred to in Article 22, entered in SIS allowing the competent authorities to identify a person with a view to taking specific action;
Amendment 207 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘alert’ means a set of data, including, where appropriate, biometric identifiers as referred to in Article 22, entered in SIS allowing the competent authorities to identify a person with a view to taking specific action;
Amendment 214 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘processing of personal data’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, logging, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Amendment 219 #
Proposal for a regulation
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
(o) ‘serious crime’ means offences listed in Article 2(1) and (2) of Framework Decision 2002/584/JHA of 13 June 200268 ;, where those offences are punishable in the issuing Member State, by a judicial decision executing a custodial sentence or detention order for a maximum period of at least three years _________________ 68 Council Framework Decision (2002/584/JHA) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (0J L 190, 18.07.2002, p. 1).
Amendment 222 #
Proposal for a regulation
Article 3 – paragraph 1 – point p
Article 3 – paragraph 1 – point p
(p) ‘terrorist offences’ means offences under national law referred to in Articles, 1-4 of Framework Decision 2002/475/JHA of 13 June 200269 . _________________ 69 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). 3, 4 and 14 of Directive (E) 2017/54169 . _________________ 69 Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA
Amendment 228 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Supplementary information shall be used only for the purpose for which it was transmitted in accordance with Article 43 unless prior consent is obtained from the issuing Member State.
Amendment 235 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Detailed rules for the exchange of supplementary information shall be adopted by means of implementing measures in accordance with the examination procedure referred to in Article 55(2) The Commission shall be empowered to adopt a delegated act in accordance with Article 54a concerning the formadoption of a manual called the ‘SIRENE Manual’ containing detailed rules for the exchange of supplementary information.
Amendment 236 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure, by means of the services provided by CS-SIS, that data stored in the national copy, which will be established voluntarily by the Member State, are, by means of automatic updates referred to in Article 4(4), identical to and consistent with the SIS database, and that a search in its voluntary national copy produces a result equivalent to that of a search in the SIS database. EIn so far as this is possible, end-users shall receive the data required, to perform their tasks, in particular all data requirednd where necessary, all the available data which would allow for the identification of the data subject and to takewhich would allow the required action to be taken.
Amendment 242 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The logs shall show, in particular, the history of the alert, the date and time of the data processing activity, the type of data used to perform a search, a reference to the of type data transmittprocessed and the name of both the competent authority and the person responsible for processing the data.
Amendment 243 #
3. If the search is carried out with dactylographic data or facial image in accordance with Article 22 the logs shall show, in particular, the type of data used to perform a search, a reference to the type data transmittprocessed and the name of both the competent authority and the person responsible for processing the data.
Amendment 244 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The logs may be used only for the purpose referred to in paragraph 1 and shall be deleted at the earliest one year, and at the latest three years,two years after their creation.
Amendment 247 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that each authority entitled to access SIS data takes the measures necessary to comply with this Regulation and cooperates, where necessary, with the national supervisory authority.
Amendment 249 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Before being authorised to process data stored in SIS and periodically after access to SIS data has been granted, the staff of the authorities having a right to access SIS shall receive appropriate training about data-security, data-protection rules and the procedures on data processing as set out in the SIRENE Manual. The staff shall be informed of any relevant criminal offences and penalties laid down in accordance with Article 49a of this regulation.
Amendment 255 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The logs shall show, in particular, the history of the alerts, the date and time of the data transmittprocessed, the type of data used to perform searches, the reference to the type of data transmittprocessed and the name of the competent authority responsible for processing the data.
Amendment 256 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. If the search is carried out with dactylographic data or facial image in accordance with Article 22 and 28 the logs shall show, in particular, the type of data used to perform a search, a reference to the type data transmittprocessed and the name of both the competent authority and the person responsible for processing the data.
Amendment 257 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The logs may only be used for the purposes mentioned in paragraph 1 and shall be deleted at the earliest one year, and at the latest three years,wo years after their creation. The logs which include the history of alerts shall be erased after one to threetwo years after deletion of the alerts.
Amendment 261 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 269 #
Proposal for a regulation
Article 20 – paragraph 2 – point j
Article 20 – paragraph 2 – point j
(j) whether the person concerned is armed, violent, has escaped or is involved in an activity as referred to in Articles 13, 2 , 34, 12 and 14 of Council Framework Decision 2002/475/JHADirective (EU) 2017/541 on combating terrorism;
Amendment 281 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. In the application of Article 24(2) Member States shall, in all circumstances, create such an alert in relation to a third country nationals if theat third country national is a suspect of an offence that falls under Articles 1 – 4 of Council Framework Decision 2002/475/JHA3,4,12 or 14 of Directive (EU) 2017/541 on combating terrorism71 . _________________ 71 Council Framework Decision 2002/475/JHA of 13 JuneDirective (EU) 2017/541 of the European Parliament and of the Council of 15 March 200217 on combating terrorism (OJ L 164, 22.6.2002, p. 3).and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA
Amendment 292 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Where available, allnd provided that the conditions for entering the data have been met, the other data listed in Article 20(2) shall also be entered.
Amendment 297 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Data onf a third-country nationals in respect of whom an alert hasmay been issued for the purposes of refusing entry and stay shallmay be entered in SIS on the basis of a national alert resulting from a decision taken by the competent administrative or judicial authorities in accordance with the rules of procedure laid down by national law taken on the basis of an individual assessment. AThe third country national concerned shall be entitled to appeals against thoseat decisions shall be made in accordance with national law.
Amendment 298 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. An alert shall be entered where the decision referred to in paragraph 1 is based on a threat to public policy or public security or to national security which the presence of the third-country national in question in the territory of a Member State may pose. This situation shallmay arise in particular in the case of:
Amendment 300 #
Proposal for a regulation
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) a third-country national who has been convicted in a Member State of an offence carrying a penalty involving the deprivation of liberty of at least one year; serious crime or terrorist offence
Amendment 305 #
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) a third-country national in respect of whom there are serious grounds for believingis clear evidence to suggest that he has committed a serious crime or in respect of whom there areis clear indicationsevidence of an intention to commit such an offence in the territory of a Member State.
Amendment 311 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. An alert shall also be entered where the decision referred to in paragraph 1 is an entry ban issued in accordance with procedures respecting Directive 2008/115/EC. The issuing Member State shall ensure that the alert takes effect in SIS at the point of return of the third- country national concerned. The confirmation of return shall be communicated to the issuing Member State in accordance with Article 6 of Regulation (EU) 2018/xxx [Return Regulation].
Amendment 317 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. PWhere such data is contained within an alert in the SIS, photographs, facial images andor dactylographic data shall be retrieved from SIS to verify the identity of a person who has been located as a result of an alphanumeric search made in SIS.
Amendment 326 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Dactylographic data stored in SIS in relation to alerts issued under Article 24 may also be searched with complete or incomplete sets of fingerprints or palm prints discovered at the scenes of crimserious crimes or terrorist offences under investigation and where it can be established to a high degree of probability that they belong to the perpetrator of the offence provided that the competent authorities are unable to establish the identity of the person by using any other national, European or international database.
Amendment 328 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 336 #
Proposal for a regulation
Article 29 – paragraph 1 – point d
Article 29 – paragraph 1 – point d
(d) examining the conditions and taking decisions related to the entry and stay of third-country nationals on the territory of the Member States, including on residence permits and long-stay visas, and to the return of third-country nationals; insofar as these authorities do not constitute "determining authorities" as defined in Article 2(f) of Directive 2013/32/EU1a, and where relevant providing advice in accordance with Regulation(EU) 377/20041b; _________________ 1aDirective 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection 1bCouncil Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network
Amendment 343 #
Proposal for a regulation
Article 30 – paragraph 7
Article 30 – paragraph 7
7. Any copies, as referred to in paragraph 6, which lead to off-line databases may be retained for a period not exceeding 48 hours. That period may be extended in an emergency until the emergency comes to an end. EuropolWhere Europol creates an off-line database with SIS data, it shall report any such extensionsa database to the European Data Protection Supervisor.
Amendment 346 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In accordance with Article 40(8) of Regulation (EU) 2016/16241a, the members of the European Border and Coast Guard teams or teams of staff involved in return- related tasks as well as theand members of the migration management support teams shall, within their mandate, have the right to access and search data entered in SIS within their mandate. _________________ 1aREGULATION (EU) 2016/1624 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC
Amendment 347 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Members of the European Border and Coast Guard teams or teams of staff involved in return-related tasks as well as theand members of the migration management support teams shall access and search data entered in SIS in accordance with paragraph 1 via the technical interface set up and maintained by the European Border and Coast Guard Agency as referred to in Article 32(2).
Amendment 348 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Where a search by a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks or by a member of the migration management support teams reveals the existence of an alert in SIS, the issuing Member State shall be informed thereof. In accordance with Article 40 of Regulation (EU) 2016/1624, members of the teams may only act in response to an alert in SIS under instructions from and, as a general rule, in the presence of border guards or staff involved in return-related tasks of the host Member State in which they are operating. The host Member State may authorise members of the teams to act on its behalf.
Amendment 350 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Every instance of access and every search made by a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks or by a member of the migration management support teams shall be logged in accordance with the provisions of Article 12 and every use made by them of data accessed by them shall be registered.
Amendment 351 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Access to data entered in SIS shall be limited to a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks or by a member of the migration management support teams and shall not be extended to any other team member.
Amendment 352 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. TDuly authorised staff of the European Border and Coast Guard Agency shall, for the purpose of analysing the threats that may affect the functioning or security have access to the statistical data contained in the central repository referred to in Article 54(6) for the purpose of carrying out risk analyses and vulnerability assessments as referred to in Articles 11 and 13 of Regulation (EU) 2016/16241a. _________________ 1aREGULATION (EU) 2016/1624 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 September 2016 ofn the external borders, have the right to access and search data entered in SIS, in accordance with Articles 24 and 27.European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC
Amendment 354 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. For the purposes of Article 31(2) and paragraphs 1 of this Article, the European Border and Coast Guard Agency shall set up and maintain a technical interface which allows a direct connection to Central SIS.
Amendment 355 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
Amendment 357 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. The European Border and Coast Guard Agency shallIn so far as it is necessary, for the purpose of performing itsany tasks conferred on it by the Regulation establishing a European Travel Information and Authorisation System (ETIAS), the ETIAS central unit within the European Border and Coast Guard Agency shall have the right to access and verify data entered in SIS, in accordance with Articles 24 and 27.
Amendment 359 #
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
Amendment 362 #
Proposal for a regulation
Article 32 – paragraph 7
Article 32 – paragraph 7
Amendment 368 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. A Member State issuing an alert shall, within fivthree years of its entry into SIS, review the need to retain it.
Amendment 370 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. IAs soon cases where it becomes clear to staff in the SIRENE Bureau, who are responsible for coordinating and verifying of data quality, that an alert on a person has achieved its purpose and should be deleted from SIS, the staff shall notify the authority which created the alert to bring this issue to the attention of the authority. The authority shall have 30seven calendar days from the receipt of this notification to indicate that the alert has been or shall be deleted or shall state reasons for the retention of the alert. If the 30seven-day period expires without such a reply the alert shall be deleted by the staff of the SIRENE Bureau. SIRENE Bureaux shall report any recurring issues in this area to their national supervisory authority.
Amendment 372 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Alerts on refusal of entry and stay pursuant to Article 24 shall be deleted when the decision on which the alert was entered has been withdrawn by the competent authority, where applicable following the consultation procedure referred to in Article 26 or upon the expiry of the alert in accordance with Article 34.
Amendment 374 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Alerts relating to third-country nationals who are the subject of a restrictive measure as referred to in Article 27 shall be deleted when the measure implementing the travel ban has been terminated, suspended or annulled or upon the expiry of the alert in accordance with Article 34.
Amendment 378 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. Alerts issued in respect of a person who has acquired citizenship of any State whose nationals are beneficiaries of the right of free movement within the Union shall be deleted as soon as the issuing Member State becomes aware, or is informed pursuant to Article 38 that the person in question has acquired such citizenship., or upon the expiry of the alert in accordance with Article 34
Amendment 379 #
Proposal for a regulation
Article 36 – paragraph 3 – subparagraph 1
Article 36 – paragraph 3 – subparagraph 1
Technical copies, as referred to in paragraph 2, which lead to off-line databases may be retained for a period not exceeding 48 hours. That period may be extended in the event of an emergency until the emergency comes to an end.
Amendment 381 #
Proposal for a regulation
Article 36 – paragraph 7
Article 36 – paragraph 7
7. Any use of data which does not comply with paragraphs 1 to 6 shall be considered as misuse under the national law of each Member State. Any misuse of data shall be subject to sanction in accordance with Article 49a.
Amendment 388 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. Where a Member State other than that which issued an alert has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored, it shall, through the exchange of supplementary information, inform the issuing Member State at the earliest opportunity and not later than 10two working days after the said evidence has come to its attention. The issuing Member State shall check the communication and, if necessary, correct or delete the item in question without delay.in seven working days from the notification
Amendment 391 #
4. Where the Member States are unable to reach agreement within twoone months of the time when the evidence first came to light, as described in paragraph 3, the Member State which did not issue the alert shall submit the matter to the European Data Protection Supervisor and the national supervisory authorities concerned for a decision.
Amendment 392 #
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
5. The Member States shall exchange supplementary information where a person complains that he or she is not the person wanted by an alert. Where the outcome of the check shows that there are in fact two different persons the complainant shall be informed of the measures laid down in Article 42. and of his or her right to redress in accordance with Article 49(1)
Amendment 394 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Not later than 72 hours after having become aware of a security incident, Member States shall notify the Commission, the Agency and the European Data Protection Supervisor of securitynational supervisory authority of that incidents. The Agency shall notify the Commission and the European data Protection Supervisor of security incidents.
Amendment 395 #
Proposal for a regulation
Article 40 – paragraph 4 a (new)
Article 40 – paragraph 4 a (new)
4 a. Where a security incident is caused by the misuse of data, Member States, Europol, Eurojust and the European Border and Coast Guard Agency shall ensure that sanctions may be imposed in accordance with Article 49a.
Amendment 400 #
Proposal for a regulation
Article 42 – paragraph 3 – introductory part
Article 42 – paragraph 3 – introductory part
3. For the purpose of this Article, and subject to the explicit consent of the person whose identity was misused, only the following personal data may be entered and further processed in SIS:
Amendment 404 #
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
5. The data referred to in paragraph 3 shall be deleted as soon as this is requested by the person whose identity was misused or at the same time as the corresponding alert or earlier where the person so requests.
Amendment 412 #
Proposal for a regulation
Article 47 – paragraph 4 a (new)
Article 47 – paragraph 4 a (new)
4 a. Any person has the right to have factually inaccurate data relating to him or her rectified or unlawfully stored data relating to him or her erased
Amendment 419 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Third-country nationals who are the subject of an alert issued in accordance with this Regulation shall be informed in accordance with Articles 103 and 114 of Regulation (EU) 2016/679 or Article 12 and 13 of Directive 95/46/EC(EU) 2016/680. This information shall be provided in writing, together with a copy of or a reference to the national decision giving rise to the alert, as referred to in Article 24(1).
Amendment 420 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
Amendment 426 #
Proposal for a regulation
Article 49 a (new)
Article 49 a (new)
Article 49 a Sanctions Member States shall ensure that any wrongful entry of data into SIS, misuse of data entered into SIS, or exchange of supplementary information contrary to this Regulation is subject to sanctions under national law. Such sanctions shall be effective, proportionate and dissuasive. Europol, Eurojust and the European Border and Coast Guard Agency shall ensure that any misuse of data entered into SIS by their staff or members of their teams accessing SIS under their authority is subject to sanctions which shall be effective, proportionate and dissuasive.
Amendment 449 #
Proposal for a regulation
Article 54 a (new)
Article 54 a (new)
Article 54 a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 8(4), 12(7), 32(5),42(4), 51(3) and 75(2a) shall be conferred on the Commission for an indeterminate period of time from ... [the date of entry into force of this Regulation]. 3. The delegation of power referred to in Articles 8(4), 12(7), 32(5), 42(4), 51(3)and 75(2a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Articles 8(4), 12(7), 32(5), 42(4), 51(3) and75(2a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.