[ParlTrack]

Proposal for a regulation
Title 1

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on establishing a framework for ~~interoperability between~~accessibility of EU information systems (police and judicial cooperation, asylum and migration)

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 5

(5) In its final report of 11 May 201749 , the high-level expert group on information systems and interoperability concluded that it is necessary and technically feasible to work towards practical solutions for interoperability and that they can, in principle, both deliver operational gains and be established in compliance with data protection requirements. In the same final report, the European Data Protection Supervisor stated that he was not in a position to endorse all the conclusions referred to by the high-level expert group, citing concerns related to legal bases, data protection and information security. _________________ 49 http://ec.europa.eu/transparency/regexpert/i ndex.cfm?do=groupDetail.groupDetailDoc &id=32600&no=1.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 9

(9) With a view to improve the management of the external borders, to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom, security and justice of the Union, including the maintenance of public security and public policy and safeguarding the security in the territories of the Member States, interoperability between EU information systems, namely the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], Eurodac, the Schengen Information System (SIS), and the [European Criminal Records Information System for third-country nationals (ECRIS-TCN)] should be established in order for these EU information systems and their data to supplement each other. To achieve this, a European search portal (ESP), and a shared biometric matching service (shared BMS)~~, a common identity repository (CIR) and a multiple-identity detector (MID)~~ should be established as interoperability components.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 10

(10) The interoperability between the EU information systems should allow said systems to supplement each other in order to facilitate the correct identification of persons, contribute to fighting identity fraud, improve and harmonise data quality requirements of the respective EU information systems, facilitate the technical and operational implementation by Member States of existing and future EU information systems, strengthen ~~and simplify~~ the data security and data protection safeguards that govern the respective EU information systems, streamline the law enforcement access to the EES, the VIS, the [ETIAS] and Eurodac, and support the purposes of the EES, the VIS, the [ETIAS], Eurodac, the SIS and the [ECRIS-TCN system].

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 13

(13) The European search portal (ESP) should be established to facilitate technically the a~~bility~~ccess of Member State authorities and EU bodies ~~to have fast, seamless, efficient, systematic and controlled access~~, in specific cases and under specific conditions, to the EU information systems, the Europol data and the Interpol databases needed to perform their tasks, in accordance with their access rights, and to support the objectives and purposes of the EES, the VIS, the [ETIAS], Eurodac, the SIS, the [ECRIS- TCN system] and the Europol data. Enabling the simultaneous querying of all relevant EU information systems in parallel, as well as of the Europol data and the Interpol databases, the ESP should act as a single window or ‘message broker’ to search various central systems and retrieve the necessary information seamlessly and in full respect of the access control and data protection requirements of the underlying systems.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 16

(16) To ensure fast and systematic use of all EU information systems, the European search portal (ESP) should be used to query ~~the common identity repository,~~ the EES, the VIS, [the ETIAS], Eurodac and [the ECRIS-TCN system]. However, the national connection to the different EU information systems should remain in order to provide a technical fall back. The ESP should also be used by Union bodies to query the Central SIS in accordance with their access rights and in order to perform their tasks. The ESP should be an additional means to query the Central SIS, the Europol data and the Interpol systems, complementing the existing dedicated interfaces.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 17

(17) Biometric data, such as fingerprints and facial images, are unique and therefore much more reliable than alphanumeric data for identifying a person. The shared biometric matching service (shared BMS) should be a technical tool to reinforce and facilitate the work of the relevant EU information systems and the other interoperability components. The main purpose of the shared BMS should be to facilitate the identification of an individual who may be registered in different databases, by matching their biometric data across different systems and by relying on one unique technological component instead of five different ones in each of the underlying systems. The shared BMS should contribute to security, as well as financial, maintenance and operational benefits by relying on one unique technological component instead of different ones in each of the underlying systems. All automated fingerprint identification systems, including those currently used for Eurodac, the VIS and the SIS, use biometric templates comprised of data derived from a feature extraction of actual biometric samples. The shared BMS should ~~regroup and store~~enable the querying of all these biometric templates in one single location, facilitating cross-system comparisons using biometric data and enabling economies of scale in developing and maintaining the EU central systems.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 20

(20) The common identity repository (CIR) should therefore facilitate and assist in the correct identification of persons registered in the EES, the VIS, [the ETIAS], Eurodac and [the ECRIS- TCN system].deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 21

(21) Personal data stored in these EU information systems may relate to the same persons but under different or incomplete identities. Member States dispose of efficient ways to identify their citizens or registered permanent residents in their territory, but the same is not true for third- country nationals. The interoperability between EU information systems should contribute to the correct identification of third-country nationals. The common identity repository (CIR) should store the personal data concerning third-country nationals present in the systems that are necessary to enable the more accurate identification of those individuals, therefore including their identity, travel document and biometric data, regardless of the system in which the data was originally collected. Only the personal data strictly necessary to perform an accurate identity check should be stored in the CIR. The personal data recorded in the CIR should be kept for no longer than is strictly necessary for the purposes of the underlying systems and should be automatically deleted when the data is deleted in the underlying systems in accordance with their logical separation.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 22

(22) The new processing operation consisting in the storage of such data in the common identity repository (CIR) instead of the storage in each of the separate systems is necessary to increase the accuracy of the identification that is made possible by the automated comparison and matching of such data. The fact that the identity and biometric data of third-country nationals is stored in the CIR should not hinder in any way the processing of data for the purposes of the EES, the VIS, the ETIAS, Eurodac or the ECRIS-TCN system Regulations, as the CIR should be a new shared component of those underlying systems.deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 23

(23) In that connection, creating an individual file in the common identity repository (CIR) for each person that is recorded in the EES, the VIS, the ETIAS, Eurodac or the ECRIS-TCN system, is necessary to achieve the purpose of correct identification of third-country nationals within the Schengen area, and to support the multiple-identity detector for the dual purpose of facilitating identity checks for bona fide travellers and combating identity fraud. The individual file should store in one single place and make accessible to the duly authorised end-users all the possible identities linked to a person.deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 24

(24) The common identity repository (CIR) should thus support the functioning of the multiple-identity detector and to facilitate and streamline access by law enforcement authorities to the EU information systems that are not established exclusively for purposes of prevention, investigation, detection or prosecution of serious crime.deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 25

(25) The common identity repository (CIR) should provide for a shared container for identity and biometric data of third-country nationals registered in the EES, the VIS, [the ETIAS], Eurodac and the [ECRIS-TCN system], serving as the shared component between these systems for storage of this data, and to allow its querying.deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 26

(26) All records in the common identity repository (CIR) should be logically separated by automatically tagging each record with the underlying system owning that record. The access control of the CIR should use these tags to allow the record to be accessible or not.deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 27

(27) In order to ensure the correct identification of a person, Member State authorities competent for preventing and combating irregular migration and competent authorities within the meaning of Article 3(7) of Directive 2016/680 should be allowed to query the common identity repository (CIR) with the biometric data of that person taken during an identity check.deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 28

(28) Where the biometric data of the person cannot be used or if the query with that data fails, the query should be carried out with identity data of that person in combination with travel document data. Where the query indicates that data on that person are stored in the common identity repository (CIR), Member State authorities should have access to consult the identity data of that person stored in the CIR, without providing any indication as to which EU information system the data belongs to.deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 29

(29) Member States should adopt national legislative measures designating the authorities competent to perform identity checks with the use of the common identity repository (CIR) and laying down the procedures, conditions and criteria of such checks in line with the principle of proportionality. In particular, the power to collect biometric data during an identity check of a person present before the member of those authorities should be provided for by national legislative measures.deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 31

(31) Full access to the necessary data contained in the EU information systems necessary for the purposes of preventing, detecting and investigating terrorist offences or other serious criminal offences~~, beyond the relevant identity data covered under common identity repository (CIR) obtained using biometric data of that person taken during an identity check,~~ should continue to be governed by the provisions in the respective legal instruments. The designated law enforcement authorities and Europol do not know in advance which of the EU information systems contains data of the persons they need to inquire upon. This results in delays and inefficiencies in the conduct of their tasks. The end-user authorised by the designated authority should therefore be allowed to see in which of the EU information systems the data corresponding to the query introduced are recorded. The concerned system would thus be flagged following the automated verification of the presence of a hit in the system (a so-called hit-flag functionality).

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 32

(32) The logs of the queries of the common identity repository should indicate the purpose of the query. Where such a query was performed using the two-step data consultation approach, the logs should include a reference to the national file of the investigation or case, therefore indicating that such query was launched for the purposes of preventing, detecting and investigating terrorist offences or other serious criminal offences.deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 33

(33) The query of the common identity repository (CIR) by Member State designated authorities and Europol in order to obtain a hit-flag type of response indicating the data is recorded in the EES, the VIS, [the ETIAS] or Eurodac requires automated processing of personal data. A hit-flag would not reveal personal data of the concerned individual other than an indication that some of his or her data are stored in one of the systems. No adverse decision for the concerned individual should be made by the authorised end-user solely on the basis of the simple occurrence of a hit- flag. Access by the end-user of a hit-flag would therefore realise a very limited interference with the right to protection of personal data of the concerned individual, while it would be necessary to allow the designated authority and Europol to address its request for access for personal data more effectively directly to the system that was flagged as containing it.deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 34

(34) The two-step data consultation approach is particularly valuable in cases where the suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence is unknown. In those cases the common identity repository (CIR) should enable identifying the information system that knows the person in one single search. By creating the obligation to use this new law enforcement access approach in these cases, access to the personal data stored in the EES, the VIS, [the ETIAS] and Eurodac should take place without the requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system of other Member States under Decision 2008/615/JHA. The principle of prior search effectively limits the possibility of Member State’ authorities to consult systems for justified law enforcement purposes and could thereby result in missed opportunities to uncover necessary information. The requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system of other Member States under Decision 2008/615/JHA should only cease to apply once the alternative safeguard of the two-step approach to law enforcement access through the CIR has become operational.deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 35

(35) The multiple-identity detector (MID) should be established to support the functioning of the common identity repository and to support the objectives of the EES, the VIS, [the ETIAS], Eurodac, the SIS and [the ECRIS-TCN system]. In order to be effective in fulfilling their respective objectives, all of these EU information systems require the accurate identification of the persons whose personal data are stored therein.deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 37

(37) The multiple-identity detector (MID) should create and store links between data in the different EU information systems in order to detect multiple identities, with the dual purpose of facilitating identity checks for bona fide travellers and combating identity fraud. The MID should only contain the links between individuals present in more than one EU information system, strictly limited to the data necessary to verify that a person is recorded lawfully or unlawfully under different biographical identities in different systems, or to clarify that two persons having similar biographical data may not be the same person. Data processing through the European search portal (ESP) and the shared biometric matching service (shared BMS) in order to link individual files across individual systems should be kept to an absolute minimum and therefore is limited to a multiple-identity detection at the time new data is added to one of the information systems included in the common identity repository and in the SIS. The MID should include safeguards against potential discrimination or unfavourable decisions for persons with multiple lawful identities.deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 39

(39) The European search portal (ESP) and shared biometric matching service (shared BMS) should compare data in common identity repository (CIR) and SIS on persons when new records are created by a national authority or an EU body. Such comparison should be automated. The CIR and the SIS should use the shared BMS to detect possible links on the basis of biometric data. The CIR and the SIS should use the ESP to detect possible links on the basis of alphanumeric data. The CIR and the SIS should be able to identify identical or similar data on the third-country national stored across several systems. Where such is the case, a link indicating that it is the same person should be established. The CIR and the SIS should be configured in such a way that small transliteration or spelling mistakes are detected in such a way as not to create any unjustified hindrance to the concerned third-country national.deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 40

(40) The national authority or EU body that recorded the data in the respective EU information system should confirm or change these links. This authority should have access to the data stored in the common identity repository (CIR) or the SIS and in the multiple-identity detector (MID) for the purpose of the manual identity verification.deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 41

(41) Access to the multiple-identity detector (MID) by Member State authorities and EU bodies having access to at least one EU information system included in the common identity repository (CIR) or to the SIS should be limited to so called red links where the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person, or where the linked data has similar identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person. Where the linked identity data is not similar, a yellow link should be established and a manual verification should take place in order to confirm the link or change its colour accordingly.deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 42

(42) The manual verification of multiple identities should be ensured by the authority creating or updating the data that triggered a hit resulting in a link with data already stored in another EU information system. The authority responsible for the verification of multiple identities should assess whether there are multiple lawful or unlawful identities. Such assessment should be performed where possible in the presence of the third-country national and where necessary by requesting additional clarifications or information. Such assessment should be performed without delay, in line with legal requirements for the accuracy of information under Union and national law.deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 43

(43) For the links obtained in relation to the Schengen Information System (SIS) related to the alerts in respect of persons wanted for arrest or for surrender or extradition purposes, on missing or vulnerable persons, on persons sought to assist with a judicial procedure, on persons for discreet checks or specific checks or on unknown wanted persons, the authority responsible for the verification of multiple identities should be the SIRENE Bureau of the Member State that created the alert. Indeed those categories of SIS alerts are sensitive and should not necessarily be shared with the authorities creating or updating the data in one of the other EU information systems. The creation of a link with SIS data should be without prejudice to the actions to be taken in accordance with the [SIS Regulations].deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 47

(47) ~~A central repository~~Functionalities for reporting and statistics ~~(CRRS)~~ should be established to generate cross-system statistical data and analytical reporting for policy, operational and data quality purposes. eu-LISA should ~~establish, implement and host the CRRS in its technical s~~develop these functionalities ~~containing~~ to extract anonymous statistical data from the above- mentioned systems, the common identity repository, the multiple-identity detector and the shared biometric matching service (shared BMS). The data contained in the CRRS should not enable the identification of individuals. eu-LISA should render the data anonymous and should record such anonymous data in the CRRS and the shared biometric matching service (shared BMS). eu-LISA should render the data anonymous. The process for rendering the data anonymous should be automated and no direct access by eu- LISA staff should be granted to any personal data stored in the EU information systems or in the interoperability components.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 56

(56) In order to allow competent authorities and the EU bodies to adapt to the new requirements on the use of the European search portal (ESP), it is necessary to provide for a transitional period. ~~Similarly, in order to allow for the coherent and optimal functioning of the multiple-identity detector (MID), transitional measures should be established for the start of its operations.~~

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 59

(59) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt detailed rules on: automated data quality control mechanisms, procedures and indicators; development of the UMF standard; procedures for determining cases of similarity of identities; ~~the operation of the central repository for reporting and statistics;~~ and cooperation procedure in case of security incidents. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council59 . _________________ 59 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Recital 60

~~(60) Regulation 2016/794 shall apply for any processing of Europol data for the purposes of this Regulation.~~deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation, together with [Regulation 2018/xx on ~~interopera~~accessibility borders and visa], establishes a framework to ensure the ~~interoperability between~~better accessibility of the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], Eurodac, the Schengen Information System (SIS), and [the European Criminal Records Information System for third-country nationals (ECRIS-TCN)] in order ~~for those systems and data to supplement each other~~to search for persons in specific cases and under specific conditions based on their identity data or their fingerprint data.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 1 – paragraph 2 – introductory part

2. The framework shall include the following ~~interopera~~accessibility components:

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 1 – paragraph 2 – point c

~~(c) a common identity repository (CIR);~~deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 1 – paragraph 2 – point d

~~(d) a multiple-identity detector (MID).~~deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 1 – paragraph 3

3. This Regulation also lays down provisions on data quality requirements, on a Universal Message Format (UMF)~~, on a central repository for reporting and statistics (CRRS)~~ and lays down the responsibilities of the Member States and of the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA), with respect to the design, development and operation of the ~~interopera~~accessibility components.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 1 – paragraph 4

4. This Regulation also adapts the procedures and conditions for Member State law enforcement authorities and for the European Union Agency for Law Enforcement Cooperation (Europol) access in specific cases and under specific conditions to the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS),] and Eurodac for the purposes of the prevention, detection and investigation of terrorist offences or of other serious criminal offences falling under their competence.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) to improve the ~~management of~~effectiveness and efficiency of checks at the external borders;

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) to contribute to preventing and ~~comba~~detecting irregular migration;

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) to contribute to a high level of security within the area of freedom, security and justice of the Union including the maintenance of public security and public policy and safeguarding the security in the territories of the Member States;deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)

(ea) to assist Member States law enforcement authorities and Europol in the prevention, detection and investigation of terrorist offences or of other serious criminal offences falling under their competence;

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 2 – paragraph 1 – point e b (new)

(eb) in the event of a natural disaster or an accident, for humanitarian reasons, to assist in the identification of unknown persons who are not able to identify themselves or unidentified human remains.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 2 – paragraph 2 – point c

(c) improving and harmonising data quality requirements of the respective EU information systems while respecting the data processing requirements of the legal bases of the individual systems, data protection standards and principles;

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 2 – paragraph 2 – point d

(d) ~~facilitating the technical and operational implementa~~contributing to ensuring the effective use of the Union information systems, Europol data and the Interpol databases by facilitating the access to them in specific cases and under specific conditions by ~~Member States of existing and future EU information~~the authorities in accordance with their access rights and the objectives and purposes as laid down in the legal instruments governing the respective systems;

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 2 – paragraph 2 – point e

(e) strengthening and ~~simplifying and~~ making more uniform the data security and data protection conditions that govern the respective EU information systems without prejudice to the special protection and safeguards afforded to certain categories of data;

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 2 – paragraph 2 – point f

(f) streamlining the conditions for law enforcement access in specific cases to the EES, the VIS, [the ETIAS] and Eurodac;

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 4 – paragraph 1 – point 9

~~(9) ‘identity data’ means the data referred to in Article 27(3)(a) to (h);~~deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 4 – paragraph 1 – point 11

~~(11) ‘facial image’ means digital images of the face;~~deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 4 – paragraph 1 – point 18

(18) ‘EUnion information systems’ means the ~~large-scale IT systems~~EES, VIS, [ETIAS], Eurodac, SIS and [ECRIS-TCN ] operationally managed by eu- LISA;

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 4 – paragraph 1 – point 25

(25) ‘terrorist offence’ means an offence ~~under national law which corresponds or is equivalent to one of the offences~~ referred to in Directive (EU) 2017/541;

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 4 – paragraph 1 – point 35

~~(35) 'CIR' means the common identity repository as referred to in Article 17;~~deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 4 – paragraph 1 – point 36

~~(36) 'MID' means the multiple-identity detector as referred to in Article 25;~~deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 4 – paragraph 1 – point 37

~~(37) 'CRRS' means the central repository for reporting and statistics as referred to in Article 39.~~deleted

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 5 – title

~~Non-discrimination~~Fundamental Rights

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 5 – paragraph 1

This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and shall be applied in accordance with those rights and principles. Processing of personal data for the purposes of this Regulation shall not result in discrimination against persons on any grounds such as sex, rac~~ial or ethnic~~e, colour, ethnic or social origin, religion or belief, disability, age or sexual orientation. It shall fully respect human dignity and integrity. Particular attention shall be paid to children, persons in need of international protection, the elderly and persons with a disability.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 6 – paragraph 1

1. A European search portal (ESP) is established for the purposes of ~~ensuring that Member State authorities and EU bodies have fast, seamless, efficient, systematic and controlled acces~~facilitating the access in specific cases and under specific conditions of Member State authorities and of Union agencies to the EUnion information systems, the Europol data and the Interpol databases ~~that they need to~~in the performance of their tasks and in accordance with their access rights and ~~of supporting the objectiv~~the objectives and purposes of the EES, the VIS, [the ETIAS], Eurodac, the SIS, [the ECRIS- TCN system] and the Europol data.

2018/07/24
Committee: LIBE

Bodil VALERO

(c) a secure communication infrastructure between the ESP and the EES, the VIS, [the ETIAS], Eurodac, the Central-SIS, [the ECRIS-TCN system], the Europol data and the Interpol databases ~~as well as between the ESP and the central infrastructures of the common identity repository (CIR) and the multiple-identity detector~~.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 7 – paragraph 1

1. The use of the ESP shall be reserved to the Member State authorities and EU ~~bod~~agencies having access to the EES, [the ETIAS], the VIS, the SIS, Eurodac and [the ECRIS-TCN system]~~, to the CIR and the multiple-identity detector~~ as well as the Europol data and the Interpol databases in accordance with Union or national law governing such access.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 7 – paragraph 1 a (new)

1a. Those Member State authorities and Union agencies may make use of the ESP and the data provided by it only for the objectives and purposes laid down in the legal instruments governing those Union information systems and in this Regulation, and only in specific cases where they have factual indications that a person is registered in one of the systems and the information about this is necessary for solving a specific on-going situation or facilitating a criminal investigation. They shall not use the ESP for systematic checks of large groups of persons.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 7 – paragraph 2

2. The authorities referred to in paragraph 1 shall use the ESP to search data related to persons or their travel documents in the central systems of Eurodac and [the ECRIS-TCN system] in accordance with their access rights under Union and national law. ~~They shall also use the ESP to query the CIR in accordance with their access rights under this Regulation for the purposes referred to in Articles 20, 21 and 22.~~

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 7 – paragraph 4

4. The EU ~~bod~~agencies shall use the ESP to search data related to persons or their travel documents in the Central SIS.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 8 – paragraph 1 – point a

(a) the fields of data possibly to be used for querying, including a mandatory field for the specific purpose of the query;

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 9 – paragraph 1

1. The users of the ESP shall launch a query by introducing data in the ESP in accordance with their user profile and access rights. Where a query has been launched, the ESP shall query simultaneously, with the data introduced by the user of the ESP, the EES, [the ETIAS], the VIS, the SIS, Eurodac, [the ECRIS-TCN system] ~~and the CIR~~ as well as the Europol data and the Interpol databases.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 9 – paragraph 2

2. The fields of data used to launch a query via the ESP shall correspond to the fields of data related to persons or travel documents that may be used to query the various EU information systems, the Europol data and the Interpol databases in accordance with the legal instruments governing them. An additional data field shall require the mandatory entering of the specific purpose of the query. For queries in the context of the prevention, detection or investigation of terrorist offences or other serious criminal offences, the case reference shall be required.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 9 – paragraph 4

4. The EES, [the ETIAS], the VIS, the SIS, Eurodac, [the ECRIS-TCN system], ~~the CIR and the multiple-identity detector,~~ as well as the Europol data and the Interpol databases, shall provide the data that they contain resulting from the query of the ESP.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 9 – paragraph 5

5. When querying the Interpol databases, the design of the ESP shall ensure that the data used by the user of the ESP to launch a query is not shared with the owners of Interpol data. Any data from the Interpol databases and originating from a third country shall be marked as such, in order to warn the user about possible misuses of Interpol for political purposes.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 9 – paragraph 6

6. The reply to the user of the ESP shall be unique and shall contain all the data to which the user has access under Union law. ~~Where necessary, t~~The reply provided by the ESP shall indicate to which information system or database the data belongs.

2018/07/24
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 10 – paragraph 1 – point c

(c) the EU information systems and the Europol and Interpol data queried;

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 10 – paragraph 1 – point d a (new)

(da) the specific purpose of the query and, where applicable, the case reference, pursuant to Article 8(2).

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 10 – paragraph 2

2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. Those logs shall be protected by appropriate measures against unauthorised access and erased onfive years after their creation, unless they are required for monitoring procedures that have already begun. The European Data Protection Supervisor shall perform an audit of these logs at least every two years and publish a report about the audit.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 11 – paragraph 1

1. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) ~~or the CIR~~, because of a failure of the ESP, the users of the ESP shall be notified by eu- LISA.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 11 – paragraph 2

2. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) ~~or the CIR~~, because of a failure of the national infrastructure in a Member State, that Member State's competent authority shall notify eu-LISA and the Commission.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 11 – paragraph 3

3. In both scenarios, and until the technical failure is addressed, the obligation referred to in Article 7(2) and (4) shall not apply and Member States may access the information systems referred to in Article 9(1) ~~or the CIR~~ directly using their respective national uniform interfaces or national communication infrastructures.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 12 – paragraph 1

1. A shared biometric matching service (shared BMS) ~~storing biometric templates and~~ enabling querying with biometric data across several EU information systems is established for the purposes of supporting the ~~CIR and the multiple-identity detector and the~~ objectives of the EES, the VIS, Eurodac, the SIS and [the ECRIS-TCN system].

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 12 – paragraph 2 – point a

(a) a central infrastructure, including a search engine ~~and the storage of the data~~ referred to in Article 13;

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 12 – paragraph 2 – point b

(b) a secure communication infrastructure between the shared BMS~~, Central-SIS and the CIR~~ and the EES, the VIS, Eurodac, [the ECRIS- TCN system] and the Central-SIS.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 13 – title

Data ~~stor~~accessed inby the shared biometric matching service

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. The shared BMS shall ~~store the biometric templates that it shall obtain from~~, for each query, access the following biometric data:

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 13 – paragraph 2

~~2. The shared BMS shall include in each biometric template a reference to the information systems in which the corresponding biometric data is stored.~~deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 13 – paragraph 3

3. BA biometric templates used for a query shall only be entered in the shared BMS search engine following an automated quality check of the biometric data ~~added to one of the information systems~~ performed by the shared BMS to ascertain the fulfilment of a minimum data quality standard.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 13 – paragraph 4

~~4. The storage of the data referred to in paragraph 1 shall meet the quality standards referred to in Article 37(2).~~deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 14 – paragraph 1

~~In order to search the biometric data stored within the CIR and the SIS, the CIR and the SIS shall use the biometric templates stored in the shared BMS.~~ Queries with biometric data shall take place in accordance with the purposes provided for in this Regulation and in the EES Regulation, the VIS Regulation, the Eurodac Regulation, the [SIS Regulations] and [the ECRIS-TCN Regulation]. Member State authorities and Union agencies may make use of the shared BMS and the data provided by it only for the objectives and purposes laid down in the legal instruments governing those Union information systems and in this Regulation, and only in specific cases where they have factual indications that a person is registered in one of the systems and the information about this is necessary for solving a specific on-going situation or facilitating a criminal investigation. They shall not use the shared BMS for systematic checks of large groups of persons. Any query of the shared BMS shall require the mandatory entering of the specific purpose of the query. For queries in the context of the prevention, detection or investigation of terrorist offences or other serious criminal offences, the case reference shall be required.

2018/07/23
Committee: LIBE

Bodil VALERO

1a. Where a police authority has been so empowered by national legislative measures, it may, for the purpose of identifying unknown persons who are not able to identify themselves or unidentified human remains, in the event of a natural disaster or an accident, query the shared BMS with the biometric data of those persons. Member States wishing to avail themselves of this possibility shall adopt national legislative measures laying down the procedures, conditions and criteria.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 15

~~Data retention in the shared biometric The data referred to in Article 13 shall be stored in the shared BMS for as long as the corresponding biometric data is stored in the CIR or the SIS.~~Article 15 deleted matching service

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 16 – paragraph 1 – point a

(a) the history related to the ~~creation and storage of~~query with biometric templates;

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 16 – paragraph 1 – point b

(b) a reference to the EU information systems queried with the biometric templates ~~sto~~entered into the shared BMS;

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 16 – paragraph 1 – point g a (new)

(ga) the specific purpose of the query and, where applicable, the case reference, pursuant to Article 14.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 16 – paragraph 2

2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. Those logs shall be made available to the competent supervisory authority on request. They shall be protected by appropriate measures against unauthorised access and erased onfive years after their creation, unless they are required for monitoring procedures that have already begun. The ~~logs referred to in paragraph 1(a) shall be erased once the data is erased~~European Data Protection Supervisor shall perform an audit of these logs at least every two years and publish a report about the audit.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 17

Common identity repository 1. (CIR), creating an individual file for each person that is recorded in the EES, the VIS, [the ETIAS], Eurodac or [the ECRIS-TCN system] containing the data referred to in Article 18, is established for the purpose of facilitating and assisting the correct identification of persons registered in the EES, the VIS, [the ETIAS], the Eurodac and [the ECRIS- TCN system], of supporting the functioning of the multiple-identity detector and of facilitating and streamlining access by law enforcement authorities to non-law enforcement information systems at EU level, where necessary for the prevention, investigation, detection or prosecution of serious crime. 2. The CIR shall be composed of: (a) replace the central systems of respectively the EES, the VIS, [the ETIAS], Eurodac and [the ECRIS-TCN system] to the extent that it shall store the data referred to in Article 18; (b) a secure communication channel between the CIR, Member States and EU bodies that are entitled to use the European search portal (ESP) in accordance with Union law; (c) infrastructure between the CIR and the EES, [the ETIAS], the VIS, Eurodac and [the ECRIS-TCN system] as well as with the central infrastructures of the ESP, the shared BMS and the multiple-identity detector. 3. ensure its technical management.Article 17 deleted A common identity repository a central infrastructure that shall a secure communication eu-LISA shall develop the CIR and

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 18

1. data – logically separated – according to the information system from which the data was originated: (a) (b) (c) (d) 13(a) to (e), (g) and (h) of the [Eurodac Regulation;] (e) 5(1)(b) and 5(2) and the following data of Article 5(1)(a) of the ECRIS-TCN Regulation: surname or family name; first name(s) (given name(s)); sex; date of birth; place and country of birth; nationality or nationalities; gender and where applicable previous names, pseudonyms(s) and/or alias name(s).] 2. paragraph 1, the CIR shall include a reference to the information systems to which the data belongs. 3. in paragraph 1 shall meet the quality standards referred to in Article 37(2).Article 18 deleted The common identity repository data The CIR shall store the following – (not applicable); – (not applicable); – (not applicable); [the data referred to in Article [the data referred to in Article For each set of data referred to in The storage of the data referred to

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 19

~~Adding, amending and deleting data in~~Article 1.9 deleted in Eurodac or [the ECRIS-TCN system], the data referred to in Article 18 stored in the individual file of the CIR shall be added, amended or deleted accordingly in an automated manner. 2. detector creates a white or red link in accordance with Articles 32 and 33 between the data of two or more of the EU information systems constituting the CIR, instead of creating a new individual file, the CIR shall add the new data to the individual file of the linked data.the common identity repository Where data is added, amended or Where the multiple-identity

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 20

Access to the common identity repository 1. authority has been so empowered by national legislative measures as referred to in paragraph 2, it may, solely for the purpose of identifying a person, query the CIR with the biometric data of that person taken during an identity check. Where the query indicates that data on that person is stored in the CIR, the Member States authority shall have access to consult the data referred to in Article 18(1). Where the biometric data of the person cannot be used or where the query with that data fails, the query shall be carried out with identity data of the person in combination with travel document data, or with the identity data provided by that person. 2. themselves of the possibility provided for in this Article shall adopt national legislative measures. Such legislative measures shall specify the precise purposes of identity checks within the purposes referred to in Article 2(1)(b) and (c). They shall designate the police authorities competent and lay down the procedures, conditions and criteria of such checks.rticle 20 deleted for identification Where a Member State police Member States wishing to avail

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 21

Access to the common identity repository for the detection of multiple identities 1. in a yellow link in accordance with Article 28(4), the authority responsible for the verification of different identities determined in accordance with Article 29 shall have access, solely for the purpose of that verification, to the identity data stored in the CIR belonging to the various information systems connected to a yellow link. 2. in a red link in accordance with Article 32, the authorities referred to in Article 26(2) shall have access, solely for the purposes of fighting identity fraud, to the identity data stored in the CIR belonging to the various information systems connected to a red link.rticle 21 deleted Where a query of the CIR results Where a query of the CIR results

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 22

Querying the common identity repository for law enforcement purposes 1. detecting and investigating terrorist offences or other serious criminal offences in a specific case and in order to obtain information on whether data on a specific person is present in Eurodac, the Member State designated authorities and Europol may consult the CIR. 2. authorities and Europol shall not be entitled to consult data belonging to [the ECRIS-TCN] when consulting the CIR for the purposes listed in paragraph 1. 3. indicates data on that person isArticle 22 deleted For the purposes of presvent in ~~Eurodac the CIR shall provide to~~g, Member States' designated authorities and Europol a reply in the form of a reference indicating which of the information systems contains matching data referred to in Article 18(2). The CIR shall reply in such a way that the security of the data is not compromised. 4. in the EU information systems for the purposes of preventing, detecting and investigating terrorist offences or other serious criminal offences remains subject to the conditions and procedures laid down in the respective legislative instruments governing such access.Where, in reply to a query the CIR Full access to the data contained

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 23

Data retention in the common identity 1. The data referred to in Article 18(1) and (2) shall be deleted from the CIR in accordance with the data retention provisions of [the Eurodac Regulation] and [the ECRIS-TCN Regulation] respectively. 2. in the CIR for as long as the corresponding data is stored in at least one of the information systems whose data is contained in the CIR. The creation of a link shall not affect the retention period of each item of the linked data.Article 23 deleted repository The individual file shall be stored

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 24

~~[...]~~deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 25

1. creating and storing links between data in the EU information systems included in the common identity repository (CIR) and the SIS and as a consequence detecting multiple identities, with the dual purpose of facilitating identity checks and combating identity fraud, is established for the purpose of supporting the functioning of the CIR and the objectives of the EES, the VIS, the ETIAS], Eurodac, the SIS and [the ECRIS-TCN system]. 2. The MID shall be composed of: (a) a central infrastructure, storing links and references to information systems; (b) infrastructure to connect the MID with the SIS and the central infrastructures of the European search portal and the CIR. 3. eu-LISA shall develop the MID and ensure its technical management.Article 25 deleted Multiple-identity detector A multiple-identity detector (MID) a secure communication

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 26

1. identity verification referred to in Article 29, access to the data referred to in Article 34 stored in the MID shall be granted to: (a) (b) (c) (d) a request for international protection provided for inArticle 26 deleted Access to the multiple-identity detector For the Epurodac Regulation when assessing a new request for international protection; (e) Member State creating a [Regulation on SIS in the field of law enforcement or Regulation on SIS in the field of illegal return]; (f) convicting Member State when recording or updating data in the ECRIS-TCN system in accordance with Article 5 of the ECRIS-TCN Regulation.] 2. bodies having access to at least one EU information system included in the common identity repository or to the SIS shall have access to the data referred to in Article 34(a) and (b) regarding any red links as referred to in Article 32.poses of the manual – (not applicable); – (not applicable); – (not applicable); the authorities competent to assess the SIRENE Bureaux of the [the central authorities of the Member State authorities and EU

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 27

~~[...]~~deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 28

Results of the multiple-identity detection 1. Article 27(2) and (3) do not report any hit, the procedures referred to in Article 27(1) shall continue in accordance with the respective Regulations governing them. 2. Article 27(2) and (3) reports one or several hit(s), the common identity repository and, where relevant, the SIS shall create a link between the data used to launch the query and the data triggering the hit. Where several hits are reported, a link shall be created between all data triggering the hit. Where data was already linked, the existing link shall be extended to the data used to launch the query. 3. Article 27(2) or (3) reports one or several hit(s) and the identity data of the linked files is identical or similar, a white link shall be created in accordance with Article 33. 4. Article 27(2) or (3) reports one or several hit(s) and the identity data of the linked files cannot be considered as similar, a yellow link shall be created in accordance with Article 30 and the procedure referred to in Article 29 shall apply. 5. the procedures to determine the cases where identity data can be considered as identical or similar in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2). 6. identity confirmation fileArticle 28 deleted Where the queries referred to in Where the query laid down in Where the query referred to in Where the query referred to in ~~Article 34.~~ The Commission shall lay down the technical rules for linking data from different information systems by implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2).The links shall be stored in the

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 29

~~[...]~~deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 30

~~1. more information systems shall be classified as y~~Article 30 deleted Yellow lin any of the following cases: (a) biometric but different identity data and no manual verification of different identity has taken place; (b) identity data and no manual verification of different identity has taken place. 2. in accordance with paragraph 1, the procedure laid down in Article 29 applies.k A link between data from two or the linked data shares the same the linked data has different Where a link is classified as yellow

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 31

1. more information systems shall be classified as green where the linked data do not share the same biometric but have similar identity data and the authority responsible for the verification of different identities concluded it refers to two different persons. 2. repository (CIR) or the SIS are queried and where a green link exists between two or more of the information systems constituting the CIR or with the SIS, the multiple-identity detector shall indicate that the identity data of the linked data does not correspond to the same person. The queried information system shall reply indicating only the data of the person whose data was used for the query, without triggering a hit against the data that is subject to the green link.Article 31 deleted Green link A link between data from two or Where the common identity

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 32

~~1. more information systems shall be classified as r~~Article 32 deleted Red lin any of the following cases: (a) biometric but different identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person; (b) data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person. 2. queried and where a red link exists between two or more of the information systems constituting the CIR or with the SIS, the multiple-identity detector shall reply indicating the data referred to in Article 34. Follow-up to a red link shall take place in accordance with Union and national law. 3. between data from the EES, the VIS, [the ETIAS], Eurodac or [the ECRIS-TCN System], the individual file stored in the CIR shall be updated in accordance with Article 19(1). 4. related to the handling of alerts in the SIS referred to in the [Regulations on SIS in the field of border checks, on SIS in the field of law enforcement and on SIS in the field of illegal return], and without prejudice to limitations necessary to protect security and public order, prevent crime and guarantee that any national investigation will not be jeopardised, where a red link is created, the authority responsible for verification of different identities shall inform the person of the presence of multiple unlawful identities. 5. authority responsible for verification of different identities shall provide a reference to the authorities responsible for the data linked.k A link between data from two or the linked data shares the same the linked data has similar identity Where the CIR or the SIS are Where a red link is created Without prejudice to the provisions Where a red link is created, the

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 33

1. more information systems shall be classified as white in any of the following cases: (a) the linked data shares the same biometric and the same or similar identity data; (b) similar identity data and at least one of the information systems does not have biometric data on the person; (c) biometric but different identity data and the authority responsible for the verification of different identities concluded it refers to the same person legally having different identity data. 2. queried and where a white link exists between one or more of the information systems constituting the CIR or with the SIS, the multiple-identity detector shall indicate that the identity data of the linked data correspond to the same person. The queried information systems shall reply indicating, where relevant, all the linked data on the person, hence triggering a hit against the data that is subject to the white link, if the authority launching the query has access to the linked data under Union or national law. 3. between data from the EES, the VIS, [the ETIAS], Eurodac or [the ECRIS-TCN system], the individual file stored in the CIR shall be updated in accordance with Article 19(1). 4. related to the handling of alerts in the SIS referred to in the [Regulations on SIS in the field of border checks, on SIS in the field of law enforcement and on SIS in the field of illegal return], where a white link is created following a manual verification of multiple identities, the authority responsible for verification of different identities shall inform the person of the presence of discrepancies between his or her personal data between systems and shall provide a reference to the authorities responsible for the data linked.Article 33 deleted White link A link between data from two or the linked data shares the same or the linked data shares the same Where the CIR or the SIS are Where a white link is created Without prejudice to the provisions

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 34

~~The i~~Article 34 deleted Identity confirmation file ~~shall contain the following data: (a) description in form of colours, as referred to in Articles 30 to 33; (b) systems whose data is linked; (c) allowing to retrieve the data from~~the links, including their a reference to the information ~~systems of corresponding linked files; (d) responsible for the verification of different identities.~~a single identification number where relevant, the authority

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 35

Data retention in the multiple-identity The identity confirmation files and its data, including the links, shall be stored in the multiple-identity detector (MID) only for as long as the linked data is stored in two or more EU information systems.Article 35 deleted detector

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 36

1. eu-LISA shall keep logs of all data processing operations within the MID. Those logs shall include, in particular, the following: (a) the purpose of access of the user and his or her access rights; (b) (c) the type of data used to launch the query or queries; (d) (e) the history of the identity confirmation file; (f) the identifying mark of the person who carried out the query. 2. of the staff duly authorised to use the MID. 3. protection monitoring, including checking the admissibility of a request and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. The logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation, unless they are required for monitoring procedures that have already begun. The logs related to the history of the identity confirmation file shall be erased once the data in the identity confirmation file is erased.Article 36 deleted Keeping of logs the date and time of the query; the reference to the data linked; Each Member State shall keep logs The logs may be used only for data

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 37 – paragraph 1

1. eu-LISA shall establish automated data quality control mechanisms and procedures on the data stored in or accessed through the SIS, Eurodac, [the ECRIS-TCN system], and the shared biometric matching service (shared BMS)~~, the common identity repository (CIR) and the multiple-identity detector (MID)~~.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 37 – paragraph 2

2. eu-LISA shall establish common data quality indicators and the minimum quality standards to store data in or access data through the SIS, Eurodac, [the ECRIS-TCN system], and the shared BMS~~, the CIR and the MID~~.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 37 – paragraph 3

3. eu-LISA shall provide regular reports on the automated data quality control mechanisms and procedures and the common data quality indicators to the Member States. eu-LISA shall also provide a regular report to the Commission ~~covering the issues encountered and the Member States concerned~~, the Council, the European Parliament, the European Data Protection Supervisor, the European Data Protection Board and the Fundamental Rights Agency, covering the issues encountered and the Member States concerned. No reports provided under this paragraph shall contain any personal data.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 37 – paragraph 4

4. The details of the automated data quality control mechanisms and procedures and the common data quality indicators and the minimum quality standards to store data in or access data through the SIS, Eurodac, [the ECRIS-TCN system], and the shared BMS, ~~the CIR and the MID,~~ in particular regarding biometric data, shall be laid down in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2).

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 37 – paragraph 5

5. One year after the establishment of the automated data quality control mechanisms and procedures and common data quality indicators and every year thereafter, the Commission shall evaluate Member State implementation of data quality and shall make any necessary recommendations. The Member States shall provide the Commission with an action plan to remedy any deficiencies identified in the evaluation report and shall report on any progress against this action plan until it is fully implemented. The Commission shall transmit the evaluation report to the European Parliament, to the Council, to the European Data Protection Supervisor, the European Data Protection Board and to the European Union Agency for Fundamental Rights established by Council Regulation (EC) No 168/2007.63 _________________ 63 Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1).

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 38 – paragraph 2

2. The UMF standard shall be used in the development of the [Eurodac], the [ECRIS-TCN system], the European search portal, ~~the CIR, the MID~~ and, if appropriate, in the development by eu- LISA or any other EU body of new information exchange models and information systems in the area of Justice and Home Affairs.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 39

Central repository for reporting and 1. and statistics (CRRS) is established for the purposes of supporting the objectives of Eurodac, the SIS and [the ECRIS-TCN system] and to generate cross-system statistical data and analytical reporting for policy, operational and data quality purposes. 2. implement and host the CRRS in its technical sites containing the data referred to in [Article 42(8) of the Eurodac Regulation], [Article 71 of the Regulation on SIS in the field of law enforcement] and [Article 30 of the ECRIS-TCN Regulation] logically separated. The data contained in the CRRS shall not enable the identification of individuals. Access to the repository shall be granted by means of secured access through the Trans- European Services for Telematics between Administrations (TESTA) network service with control of access and specific user profiles, solely for the purpose of reporting and statistics, to the authorities referred to in [Article 42(8) of the Eurodac Regulation], [Article 71 of the Regulation on SIS in the field of law enforcement] and [Article 30 of the ECRIS-TCN Regulation]. 3. anonymous and shall record such anonymous data in the CRRS. The process for rendering the data anonymous shall be automated. 4. (a) of a data repository enabling the renderingArticle 39 deleted statistics A central repository for reporting eu-LISA shall establish, eu-LISA shall render the data The CRRS shall be composed of: anonymous data; (b) infrastructure to connect the CRRS to the SIS, Eurodac and [the ECRIS-TCN], as well as the central infrastructures of the shared BMS, the CIR and the MID. 5. detailed rules on the operation of the CRRS, including specific safeguards for processing of personal data referred to under paragraph 2 and 3 and security rules applicable to the repository by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2). central infrastructure, consisting a secure communication The Commission shall lay down

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 39 a (new)

Article 39a Statistics 1. eu-LISA shall develop functionalities to allow Member States’ authorities, the Commission, eu-LISA as well as the EDPS to automatically extract statistics directly from the system. Such extraction shall take place only in duly justified cases, at reasonable intervals, and for a specific purpose. Extracted statistics shall only contain anonymous data. 2. Before developing the functionalities laid down in paragraph 1, eu-LISA shall perform a thorough information security risk assessment and establish secure access points.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 40 – paragraph 1

1. In relation to the processing of data in the shared biometric matching service (shared BMS), the Member State authorities that are controllers for the Eurodac, SIS and [the ECRIS-TCN system] respectively, shall also be considered as controllers in accordance with Article 4(7) of Regulation (EU) 2016/679 or Article 3(8) of Directive (EU) 2016/680 in relation to the biometric templates obtained from the data referred to in Article 13 that they enter into respective systems and shall have responsibility for the processing of the biometric templates in the shared BMS.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 40 – paragraph 2

2. In relation to the processing of data in the common identity repository (CIR), the Member State authorities that are controllers for the Eurodac and [the ECRIS-TCN system] respectively, shall also be considered as controllers in accordance with Article 4(7) of Regulation (EU) 2016/679 in relation to data referred to in Article 18 that they enter into respective systems and shall have responsibility for the processing of that personal data in the CIR.deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 40 – paragraph 3

3. In relation to the processing of data in the multiple-identity detector: (a) the European Border and Coast Guard Agency shall be considered a data controller in accordance with Article 2(b) of Regulation No 45/2001 in relation to processing of personal data by the ETIAS Central Unit; (b) adding or modifying the data in the identity confirmation file are also to be considered as controllers in accordance with Article 4(7) of Regulation (EU) 2016/679 and shall have responsibility for the processing of the personal data in the multiple-identity detector;deleted the Member State authorities

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 41

~~In relation to the processing of personal data in the CIR, eu-LISA is to be considered the data processor in accordance with Article 2(e) of Regulation (EC) No 45/2001.~~Article 41 deleted Data processor

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 43 – paragraph 1

1. Each Member State shall apply its rules of professional secrecy or other equivalent duties of confidentiality to all persons and bodies ~~requir~~allowed to work with SIS data accessed through any of the interoperability components in accordance with its national law. That obligation shall also apply after those persons leave office or employment or after the termination of the activities of those bodies.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 43 – paragraph 2 a (new)

2a. Where eu-LISA or a Member State cooperates with external contractors in any task related to the accessibility components, it shall closely monitor the activities of the contractor to ensure compliance with all provisions of this Regulation, including in particular security, confidentiality and data protection. In case potential and existing contractors are also established in third countries, eu-LISA or the respective Member State shall closely monitor and assess any legal obligations in those third countries that might have a detrimental impact on the confidentiality of the accessibility components and the information systems operated by eu-LISA and by the Member States in the scope of this Regulation, and take all necessary steps to ensure the confidentiality, including, where necessary, declining a contract.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 44 – paragraph 1

1. Any event that has or may have an impact on the security of the interoperability components and may cause unauthorised access to, damage to or loss of data stored in them shall be considered to be a security incident, in particular where unauthorised access to data may have occurred or where the availability, integrity and confidentiality of data has or may have been compromised.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 44 – paragraph 3

3. Without prejudice to the notification and communication of a personal data breach pursuant to Article 33 of Regulation (EU) 2016/679, Article 30 of Directive (EU) 2016/680, or both, Member States shall notify the Commission, eu- LISA and the European Data Protection Supervisor of security incidents. Without prejudice to Article 35 of Regulation (EC) 45/2001 [or Article 37 of Regulation XX/2018 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC] and Article 34 of Regulation (EU) 2016/794, [the ETIAS Central Unit] and Europol shall notify the Commission, eu-LISA and the European Data Protection Supervisor of any security incident. In the event of a security incident in relation to the central infrastructure of the ~~interopera~~accessibility components, eu-LISA shall notify the Commission and the European Data Protection Supervisor.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 45 – paragraph 1

Member States and the relevant EU bodies shall ensure that each authority entitled to access the ~~interopera~~accessibility components takes the measures necessary to monitor its compliance with this Regulation and cooperates, where necessary, with the competent supervisory authority.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 46 – paragraph 1

1. Without prejudice to the right of information referred to in Articles 11 and 12 of Regulation (EC) 45/2001 and Articles 13 and 14 of Regulation (EU) 2016/679, persons whose data are stored in the shared biometric matching service~~, the common identity repository or the multiple-identity detector~~ shall be informed by the authority collecting their data, at the time their data are collected, about the processing of personal data for the purposes of this Regulation, including about identity and contact details of the respective data controllers, and about the procedures for exercising their rights of access, rectification and erasure, as well as about the contact details of the European Data Protection Supervisor and of the national supervisory authority of the Member State responsible for the collection of the data.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 47 – paragraph 2

2. The Member State responsible for the manual verification of different identities as referred to in Article 29 or the Member State to which the request has been made shall reply to such requests within 415 days of receipt of the request.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 47 – paragraph 3

3. If a request for correction or erasure of personal data is made to a Member State other than the Member State responsible, the Member State to which the request has been made shall contact the authorities of the Member State responsible within seven days and the Member State responsible shall check the accuracy of the data and the lawfulness of the data processing within 3015 days of such contact.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 47 – paragraph 4

4. Where, following an examination, it is found that the data stored in the multiple-identity detector (MID) are factually inaccurate or have been recorded unlawfully, the Member State responsible or, where applicable, the Member State to which the request has been made shall correct or delete these data.deleted

2018/07/23
Committee: LIBE

Bodil VALERO

5. Where data in the MID is amended by the responsible Member State during its validity period, the responsible Member State shall carry out the processing laid down in Article 27 and, where relevant, Article 29 to determine whether the amended data shall be linked. Where the processing does not report any hit, the responsible Member State or, where applicable, the Member State to which the request has been made shall delete the data from the identity confirmation file. Where the automated processing reports one or several hit(s), the responsible Member State shall create or update the relevant link in accordance with the relevant provisions of this Regulation.deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 47 – paragraph 6

6. Where the responsible Member State or, where applicable, the Member State to which the request has been made does not agree that data stored in the MID are factually inaccurate or have been recorded unlawfully, that Member State shall adopt an administrative decision explaining in writing to the person concerned without delay why it is not prepared to correct or delete data relating to him or her.deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 47 – paragraph 7

7. This decision shall also provide the person concerned with information explaining the possibility to challenge the decision taken in respect of the request referred in paragraph 3 and, where relevant, information on how to bring an action or a complaint before the competent authorities or courts, and any assistance, including from the competent national supervisory authorities.deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 49 – paragraph 1

1. The supervisory authority or authorities designated pursuant to Article 49 of Regulation (EU) 2016/679 shall ensure that an audit of the data processing operations by the responsible national authorities is carried out in accordance with relevant international auditing standards at least every ~~four~~two years.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 50 – paragraph 1

The European Data Protection Supervisor shall ensure that an audit of eu-LISA’s personal data processing activities is carried out in accordance with relevant international auditing standards at least every ~~four~~two years. A report of that audit shall be sent to the European Parliament, the Council, eu-LISA, the Commission and the Member States. eu-LISA shall be given an opportunity to make comments before the reports are adopted.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 51 – paragraph 1

1. The European Data Protection Supervisor shall act in close cooperation with national supervisory authorities and the European Data Protection Board with respect to specific issues requiring national involvement, in particular if the European Data Protection Supervisor or a national supervisory authority finds major discrepancies between practices of Member States or finds potentially unlawful transfers using the communication channels of the interoperability components, or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this Regulation.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1

eu-LISA shall be responsible for the development of the ~~interopera~~accessibility components, for any adaptations required for establishing ~~interoperability between~~accessibility of the central systems of the EES, VIS, [ETIAS], SIS, and Eurodac, and [the ECRIS-TCN system], and the European search portal, and the shared biometric matching service~~, the common identity repository and the multiple-identity detector~~.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 53 – paragraph 2

2. Without prejudice to Article 17 of the Staff Regulations of Officials of the European Union, eu-LISA shall apply appropriate rules of professional secrecy or other equivalent duties of confidentiality to its entire staff required to work with data ~~stored in the interopera~~accessed through the accessibility components. This obligation shall also apply after such staff leave office or employment or after the termination of their activities.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 53 – paragraph 3

3. eu-LISA shall develop and maintain a mechanism and procedures for carrying out quality checks on the data ~~stored in~~accessed through the shared biometric matching service ~~and the common identity repository~~ in accordance with Article 37.

2018/07/23
Committee: LIBE

Bodil VALERO

(a) the connection to the communication infrastructure of the European search portal (ESP) ~~and the common identity repository (CIR)~~;

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 54 – paragraph 1 – point b

(b) the integration of the existing national systems and infrastructures with the ESP, and the shared biometric matching service~~, the CIR and the multiple-identity detector~~;

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 54 – paragraph 1 – point d

(d) the management of, and arrangements for, access by the duly authorised staff, and by the duly empowered staff, of the competent national authorities to the ESP~~, the CIR and the multiple-identity detector~~ and the shared BMS in accordance with this Regulation and the creation and regular update of a list of those staff and their profiles;

2018/07/23
Committee: LIBE

Bodil VALERO

~~(e) the adoption of the legislative measures referred to in Article 20(3) in order to access the CIR for identification purposes;~~deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 54 – paragraph 1 – point f

~~(f) the manual verification of different identities referred to in Article 29;~~deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 55

Responsibilities of the ETIAS Central The ETIAS Central Unit shall be responsible for: (a) the manual verification of different identities referred to in Article 29; (b) carrying out a multiple-identity detection between the data stored in the VIS, Eurodac and the SIS referred to in Article 59.Article 55 deleted Unit

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 55b – paragraph 1

Regulation (EU) 2018/XX [the SIS Regulation in the field of law enforcement]
Article 3 – paragraph 1 – point s

~~(s) 'CIR' means the common identity repository as referred to in [Article 17 of Regulation 2018/XX on interoperability];~~deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 55b – paragraph 1

Regulation (EU) 2018/XX [the SIS Regulation in the field of law enforcement]
Article 3 – paragraph 1 – point t

~~(t) ‘MID’ means the multiple-identity detector as defined in [Article 25 of Regulation 2018/XX on interoperability].~~deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 55b – paragraph 2 – point a

Regulation (EU) 2018/XX [the SIS Regulation in the field of law enforcement]
Article 4 – paragraph 1 – point d

(d) a secure communication infrastructure between CS-SIS and the central infrastructures of the European Search Portal (ESP) established in accordance with [Article 6 of Regulation 2018/XX on interoperability], and the shared biometric matching service (BMS) established in accordance with [Article 12 of Regulation 2018/XX on interoperability] ~~and the multiple identity detector (MID) established in accordance with [Article 25 of Regulation 2018/XX on interoperability]~~.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 55b – paragraph 3

Regulation (EU) 2018/XX [the SIS Regulation in the field of law enforcement]
Article 7 – paragraph 2a

In Article 7 the following paragraph 2a is added: "2a. The SIRENE Bureaux shall also ensure the verification of different identities in accordance with [Article 29 Regulation 2018/XX on interoperability]. To the extent necessary to carry out this task, the SIRENE Bureaux shall have access to consulting the data stored in the CIR for the purposes laid down in [Article 21 of Regulation 2018/XX on interoperability]."deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 55b – paragraph 6

Regulation (EU) 2018/XX [the SIS Regulation in the field of law enforcement]
Article 43 – paragraph 1 – point g

~~In Article 43(1), the following point (g) is added: “(g) verifying different identities and combating identity fraud in accordance with [Chapter V of Regulation 2018/XX on interoperability].”~~deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 55b – paragraph 7

Regulation (EU) 2018/XX [the SIS Regulation in the field of law enforcement]
Article 71 – paragraph 6

In Article 71, paragraph 6, is replaced by the following: "6. and 5 of this Article and of Article 15(5), the Agency shall store data referred to in paragraph 3 of this Article and in Article 15(5) which shall not allow for the identification of individuals in the central repository for reporting and statistics referred to in [Article 39 of the Regulation 2018/XX on interoperability]. The Agency shall allow the Commission and the agencies referred to in paragraph 5 to obtain bespoke reports and statistics. Upon request, the Agency shall give access to Member States, the Commission, Europol, and the European Border and Coast Guard Agency to the central repository in accordance with [Article 39 of the Regulation 2018/XX on interoperability]."deleted For the purpose of paragraphs 3, 4

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 55c

~~Amendments to Regulation (EU) 2018/XX [the ECRIS-TCN Regulation] […]~~Article 55c deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 55c – paragraph 5

Regulation (EU) 2018/XX [the ECRIS-TCN Regulation]
Article 4 – paragraph 1 – point a

~~(a) point (a) is replaced by the following: "(a) the common identity repository (CIR) as referred to in [Article 17(2)(a) of Regulation 2018/XX on interoperability];"~~deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 55c – paragraph 5 – point c

Regulation (EU) 2018/XX [the ECRIS-TCN Regulation]
Article 4 – paragraph 1 – point e

(e) a secure communication infrastructure between the ECRIS-TCN Central System and the central infrastructures of the European search portal established by [Article 6 of Regulation 2018/XX on interoperability], and the shared biometric matching service established by [Article 12 of Regulation 2018/XX on ~~interoperability], the CIR established by [Article 17 of Regulation 2018/XX on interoperability] and the multiple-identity detector established by [Article25 of Regulation 2018/XX on~~ interoperability].

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 55d – paragraph 1

Regulation (EU) 2018/XX [Regulation on eu-LISA]
Article 8 – paragraph 2

~~2. eu-LISA shall establish a central repository for reporting and statistics in accordance with [Article 39 of Regulation 2018/XX on interoperability].~~deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 55d – paragraph 2

Regulation (EU) 2018/XX [Regulation on eu-LISA]
Article 9

Where the interoperability of large-scale IT systems has been stipulated in a relevant legislative instrument the Agency shall develop the necessary actions conferred on it by those legislative instruments to enable that i" Article 9 deleted Interoperability."

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 56 – paragraph 1 – point b

(b) ~~– (not applicable)~~number of queries to each of the Interpol databases.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 56 – paragraph 2

2. The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the common identity repository, solely for the purposes of reporting and statistics without enabling individual identification: (a) number of queries for the purposes of Articles 20, 21 and 22; (b) nationality, sex and year of birth of the person; (c) the type of the travel document and the three-letter code of the issuing country; (d) the number of searches conducted with and without biometric data.deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 56 – paragraph 3

3. The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the multiple-identity detector, solely for the purposes of reporting and statistics without enabling individual identification: (a) nationality, sex and year of birth of the person; (b) the type of the travel document and the three-letter code of the issuing country; (c) the number of searches conducted with and without biometric data; (d) the number of each type of link.deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 56 – paragraph 5

5. For the purpose of paragraph 1 of this Article, eu-LISA shall store the data referred to in paragraph 1 of this Article in the central repository for reporting and statistics referred to in Chapter VII of this Regulation. The data included in the repository shall not enable the identification of individuals, but it shall allow the authorities listed in paragraph 1 of this Article to obtain customisable reports and statistics to enhance the efficiency of border checks, to help authorities processing visa applications and to support evidence-based policymaking on migration and security in the Union.deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 58

Transitional period applicable to the provisions on access to the common identity repository for law enforcement Article 22 shall apply from the date of the start of operations referred to in Article 62(1).Article 58 deleted purposes

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 59

Transitional period for the multiple- 1. For a period of one year following the notification by eu-LISA of the completion of the test referred to in Article 62(1)(b) regarding the multiple-identity detector (MID) and before the start of operations of the MID, the ETIAS Central Unit as referred to in [Article 33(a) of Regulation (EU) 2016/1624] shall be responsible for carrying out a multiple-identity detection between the data stored in the VIS, Eurodac and the SIS. The multiple- identity detections shall be carried out using only biometric data in accordance with Article 27(2) of this Regulation. 2. Where the query reports one or several hit(s) and the identity data of the linked files is identical or similar, a white link shall be created in accordance with Article 33. Where the query reports one or several hit(s) and the identity data of the linked files cannot be considered as similar, a yellow link shall be created in accordance with Article 30 and the procedure referred to in Article 29 shall apply. Where several hits are reported, a link shall be created to each piece of data triggering the hit. 3. Where a yellow link is created in accordance with paragraph 3, the MID shall grant access to the identity data present in the different information systems to the ETIAS Central Unit. 4. Where a link is created to an alert in the SIS, other than a refusal of entry alert or an alert on a travel document reported lost, stolen or invalidated in accordance with Article 24 of the Regulation on SIS in the field of border checks and Article 38 of the Regulation on SIS in the field of law enforcement respectively, the MID shall grant access to the identity data present in the different information systems to the SIRENE Bureau of the Member State that created the alert. 5. The ETIAS Central Unit or the SIRENE Bureau of the Member State that created the alert shall have access to the data contained in the identity confirmation file and shall assess the different identities and shall update the link in accordance with Articles 31, 32 and 33 and add it to the identity confirmation file. 6. eu-LISA shall assist where necessary the ETIAS Central Unit in carrying out the multiple-identity detection referred to in this Article.Article 59 deleted identity detection

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 60 – paragraph 1

1. The costs incurred in connection with the establishment and operation of the ESP, and the shared biometric matching service~~, the common identity repository (CIR) and the MID~~ shall be borne by the general budget of the Union.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 60 – paragraph 3

3. The costs incurred by the designated authorities referred to in Article 4(24) shall be borne, respectively, by each Member State and Europol. ~~The costs for the connection of the designated authorities to the CIR shall be borne by each Member State and Europol, respectively.~~

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 61 – paragraph 1 – subparagraph 1

The Member States shall notify eu-LISA of the authorities referred to in Articles 7, 20, 21 and 26 that may use or have access to the ESP, or the ~~CIR and the MID~~shared BMS respectively.

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 61 – paragraph 3

~~3. The ETIAS Central Unit shall notify the Commission of the successful completion of the transitional measure laid down in Article 59.~~deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 62 – paragraph 1 – point c

(c) eu-LISA has validated the technical and legal arrangements to collect and transmit the data referred to in Articles 8(1), 13~~, 19, 34~~ and 39 and have notified them to the Commission;

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 62 – paragraph 1 – point e

~~(e) for the multiple-identity detector, the ETIAS Central Unit has notified the Commission as referred to in Article 61(3).~~deleted

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 68 – paragraph 5 – subparagraph 1 – point b

(b) an examination of the results achieved against objectives and the impact on fundamental rights, in particular on the right to non-discrimination;

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 68 – paragraph 8 – subparagraph 1 – introductory part

While respecting the provisions of national law on the publication of sensitive information, each Member State and Europol shall prepare annual reports on the effectiveness of access to data ~~stored in the common identity repository~~through the ESP and the shared BMS for law enforcement purposes, containing information and statistics on:

2018/07/23
Committee: LIBE

Bodil VALERO

Proposal for a regulation
Article 68 – paragraph 8 – subparagraph 1 – point c

~~(c) the number of requests for access to the common identity repository for law enforcement purposes;~~deleted

2018/07/23
Committee: LIBE

171 Amendments of Bodil VALERO related to 2017/0352(COD)

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