30 Amendments of Emilian PAVEL related to 2016/0408(COD)
Amendment 206 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘alert’ means a set of data, including, where appropriate, biometric identifiers as referred to in Article 22, entered in SIS allowing the competent authorities to identify a person with a view to taking specific action;
Amendment 207 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘alert’ means a set of data, including, where appropriate, biometric identifiers as referred to in Article 22, entered in SIS allowing the competent authorities to identify a person with a view to taking specific action;
Amendment 214 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘processing of personal data’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, logging, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Amendment 219 #
Proposal for a regulation
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
(o) ‘serious crime’ means offences listed in Article 2(1) and (2) of Framework Decision 2002/584/JHA of 13 June 200268 ;, where those offences are punishable in the issuing Member State, by a judicial decision executing a custodial sentence or detention order for a maximum period of at least three years _________________ 68 Council Framework Decision (2002/584/JHA) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (0J L 190, 18.07.2002, p. 1).
Amendment 228 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Supplementary information shall be used only for the purpose for which it was transmitted in accordance with Article 43 unless prior consent is obtained from the issuing Member State.
Amendment 257 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The logs may only be used for the purposes mentioned in paragraph 1 and shall be deleted at the earliest one year, and at the latest three years,wo years after their creation. The logs which include the history of alerts shall be erased after one to threetwo years after deletion of the alerts.
Amendment 265 #
Proposal for a regulation
Article 20 – paragraph 2 – point h
Article 20 – paragraph 2 – point h
(h) sexgender;
Amendment 269 #
Proposal for a regulation
Article 20 – paragraph 2 – point j
Article 20 – paragraph 2 – point j
(j) whether the person concerned is armed, violent, has escaped or is involved in an activity as referred to in Articles 13, 2 , 34, 12 and 14 of Council Framework Decision 2002/475/JHADirective (EU) 2017/541 on combating terrorism;
Amendment 277 #
Proposal for a regulation
Article 20 – paragraph 2 – point y
Article 20 – paragraph 2 – point y
(y) a colour copy of the identification document.
Amendment 281 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. In the application of Article 24(2) Member States shall, in all circumstances, create such an alert in relation to a third country nationals if theat third country national is a suspect of an offence that falls under Articles 1 – 4 of Council Framework Decision 2002/475/JHA3,4,12 or 14 of Directive (EU) 2017/541 on combating terrorism71 . _________________ 71 Council Framework Decision 2002/475/JHA of 13 JuneDirective (EU) 2017/541 of the European Parliament and of the Council of 15 March 200217 on combating terrorism (OJ L 164, 22.6.2002, p. 3).and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA
Amendment 292 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Where available, allnd provided that the conditions for entering the data have been met, the other data listed in Article 20(2) shall also be entered.
Amendment 297 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Data onf a third-country nationals in respect of whom an alert hasmay been issued for the purposes of refusing entry and stay shallmay be entered in SIS on the basis of a national alert resulting from a decision taken by the competent administrative or judicial authorities in accordance with the rules of procedure laid down by national law taken on the basis of an individual assessment. AThe third country national concerned shall be entitled to appeals against thoseat decisions shall be made in accordance with national law.
Amendment 300 #
Proposal for a regulation
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) a third-country national who has been convicted in a Member State of an offence carrying a penalty involving the deprivation of liberty of at least one year; serious crime or terrorist offence
Amendment 305 #
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) a third-country national in respect of whom there are serious grounds for believingis clear evidence to suggest that he has committed a serious crime or in respect of whom there areis clear indicationsevidence of an intention to commit such an offence in the territory of a Member State.
Amendment 322 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Dactylographic data, if available, may also be used to identify a person. Dactylographic data stored in SIS shall be used for identification purposes if the identity of the person cannot be ascertained by other means.
Amendment 337 #
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3 a. The right to access data entered in SIS and the right to search such data, may be exercised by the competent authorities for issuing identity documents such as passports, identity cards, residence permits, while performing their tasks and following the rules of entering and verifying the alerts compatibility. The access by these authorities shall be governed by the law of each Member State.
Amendment 346 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In accordance with Article 40(8) of Regulation (EU) 2016/16241a, the members of the European Border and Coast Guard teams or teams of staff involved in return- related tasks as well as theand members of the migration management support teams shall, within their mandate, have the right to access and search data entered in SIS within their mandate. _________________ 1aREGULATION (EU) 2016/1624 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC
Amendment 347 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Members of the European Border and Coast Guard teams or teams of staff involved in return-related tasks as well as theand members of the migration management support teams shall access and search data entered in SIS in accordance with paragraph 1 via the technical interface set up and maintained by the European Border and Coast Guard Agency as referred to in Article 32(2).
Amendment 348 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Where a search by a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks or by a member of the migration management support teams reveals the existence of an alert in SIS, the issuing Member State shall be informed thereof. In accordance with Article 40 of Regulation (EU) 2016/1624, members of the teams may only act in response to an alert in SIS under instructions from and, as a general rule, in the presence of border guards or staff involved in return-related tasks of the host Member State in which they are operating. The host Member State may authorise members of the teams to act on its behalf.
Amendment 350 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Every instance of access and every search made by a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks or by a member of the migration management support teams shall be logged in accordance with the provisions of Article 12 and every use made by them of data accessed by them shall be registered.
Amendment 351 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Access to data entered in SIS shall be limited to a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks or by a member of the migration management support teams and shall not be extended to any other team member.
Amendment 354 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. For the purposes of Article 31(2) and paragraphs 1 of this Article, the European Border and Coast Guard Agency shall set up and maintain a technical interface which allows a direct connection to Central SIS.
Amendment 381 #
Proposal for a regulation
Article 36 – paragraph 7
Article 36 – paragraph 7
7. Any use of data which does not comply with paragraphs 1 to 6 shall be considered as misuse under the national law of each Member State. Any misuse of data shall be subject to sanction in accordance with Article 49a.
Amendment 388 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. Where a Member State other than that which issued an alert has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored, it shall, through the exchange of supplementary information, inform the issuing Member State at the earliest opportunity and not later than 10two working days after the said evidence has come to its attention. The issuing Member State shall check the communication and, if necessary, correct or delete the item in question without delay.in seven working days from the notification
Amendment 391 #
4. Where the Member States are unable to reach agreement within twoone months of the time when the evidence first came to light, as described in paragraph 3, the Member State which did not issue the alert shall submit the matter to the European Data Protection Supervisor and the national supervisory authorities concerned for a decision.
Amendment 395 #
Proposal for a regulation
Article 40 – paragraph 4 a (new)
Article 40 – paragraph 4 a (new)
4 a. Where a security incident is caused by the misuse of data, Member States, Europol, Eurojust and the European Border and Coast Guard Agency shall ensure that sanctions may be imposed in accordance with Article 49a.
Amendment 400 #
Proposal for a regulation
Article 42 – paragraph 3 – introductory part
Article 42 – paragraph 3 – introductory part
3. For the purpose of this Article, and subject to the explicit consent of the person whose identity was misused, only the following personal data may be entered and further processed in SIS:
Amendment 404 #
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
5. The data referred to in paragraph 3 shall be deleted as soon as this is requested by the person whose identity was misused or at the same time as the corresponding alert or earlier where the person so requests.
Amendment 426 #
Proposal for a regulation
Article 49 a (new)
Article 49 a (new)
Article 49 a Sanctions Member States shall ensure that any wrongful entry of data into SIS, misuse of data entered into SIS, or exchange of supplementary information contrary to this Regulation is subject to sanctions under national law. Such sanctions shall be effective, proportionate and dissuasive. Europol, Eurojust and the European Border and Coast Guard Agency shall ensure that any misuse of data entered into SIS by their staff or members of their teams accessing SIS under their authority is subject to sanctions which shall be effective, proportionate and dissuasive.
Amendment 449 #
Proposal for a regulation
Article 54 a (new)
Article 54 a (new)
Article 54 a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 8(4), 12(7), 32(5),42(4), 51(3) and 75(2a) shall be conferred on the Commission for an indeterminate period of time from ... [the date of entry into force of this Regulation]. 3. The delegation of power referred to in Articles 8(4), 12(7), 32(5), 42(4), 51(3)and 75(2a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Articles 8(4), 12(7), 32(5), 42(4), 51(3) and75(2a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.