55 Amendments of Emilian PAVEL related to 2016/0409(COD)
Amendment 254 #
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 and in Article 40, entered in SIS allowing the competent authorities to identify a person or an object with a view to taking specific action;
Amendment 260 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘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 263 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) ‘serious crime’ means offences listed in Article 2(1) and (2) of Framework Decision 2002/584/JHA of 13 June 200271 ; , 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; _________________ 71 Council Framework Decision (2002/584/JHA) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.07.2002, p. 1).
Amendment 266 #
Proposal for a regulation
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘terrorist offences’ means offences under national law referred to in Articles 1- 4 of Framework Decision 2002/475/JHA of 13 June 200272 . _________________ 72 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3).3, 4, 12 and 14 of Directive (EU) 2017/541
Amendment 279 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Detailed rules for the exchange of supplementary information shall be adopted by means of implementing measures in accordance with the examination procedure referred to in Article 72(2) The Commission shall be empowered to adopt a delegated act in accordance with Article 71a concerning the formadoption of a manual - called the ‘SIRENE Manual’ - containing detailed rules for the exchange of supplementary information.
Amendment 280 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure, by means of the services provided by CS-SIS, that data stored in the national copy are, by means of automatic updates referred to in Article 4(4), identical to and consistent with the SIS database, and that a search in its national copy, which will be established voluntarily by the Member State, produces a result equivalent to that of a search in the SIS database. EIn so far as this is possible, end-users shall receive the data required to perform their tasks, in particular all data required, where necessary, all available data which would allow for the identification of the data subject and to takeallow the required action to be taken.
Amendment 286 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The recordlogs shall show, in particular, the history of the alert, the date and time of the data processing activity, the data used to perform a search, a reference to the data transmittprocessed and the names of both the competent authority and the person responsible for processing the data.
Amendment 292 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that each authority entitled to access SIS data takes the measures necessary to comply with this Regulation and cooperates, where necessary, with the national supervisory authority.
Amendment 296 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. The Agency shall develop and maintain a mechanism and procedures for carrying out quality checks on the data in CS-SIS and shall provide regular lists and reports to the Member States. The Agency shall provide a regular report to the Commission covering the issues encountered and the Member States concerned. This mechanism, procedures and the interpretation of data quality compliance shall be established by means of implementing measures in accordance with the examination procedure referred to in Article 72(2).
Amendment 307 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 310 #
Proposal for a regulation
Article 20 – paragraph 3 – point h
Article 20 – paragraph 3 – point h
(h) sexgender;
Amendment 314 #
Proposal for a regulation
Article 20 – paragraph 3 – point j
Article 20 – paragraph 3 – 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 317 #
Proposal for a regulation
Article 20 – paragraph 3 – point x
Article 20 – paragraph 3 – point x
(x) relevant DNA profiles subject to Article 22(1)(b) of this Regulationwhere permitted in accordance with Article 22(1)(b) and Article 32(2)(a) and (c), relevant DNA profiles;
Amendment 319 #
Proposal for a regulation
Article 20 – paragraph 3 – point z
Article 20 – paragraph 3 – point z
(z) a colour copy of the identification document.
Amendment 332 #
Proposal for a regulation
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
(a) Photographs, facial images, and dactylographic data and DNA profiles shall only be entered following a quality check to ascertain the fulfilment of a minimum data quality standard.
Amendment 347 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Where available, allnd provided that the conditions for entering such data have been met, the other data listed in Article 20(3) shall also be entered.
Amendment 354 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. The Member State which entered the alert into SIS for extradition purposes shall communicate the following data to the other Member States through the exchange of supplementary information to all Member States:
Amendment 358 #
Proposal for a regulation
Article 32 – paragraph 2 – point a – point ii
Article 32 – paragraph 2 – point a – point ii
(ii) in order to prevent a threats to public security;
Amendment 375 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. An entry for an alert on a child referred to in paragraph 2(c) shall be entered at the request of therequested by a competent judicial authority of the Member State that has jurisdiction in matters of parental responsibility in accordance with Council Regulation No 2201/200374 where a concrete and apparent risk exists that the child may be unlawfully and imminently removed from the Member State where that competent judicial authority is situated.1a In Member States which are party to the Hague Convention of 19 October 1996 on Jurisdiction, Applicable law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children and where Council Regulation No 2201/2003 does not apply, the provisions of the Hague Convention are applicable. _________________ 741aCouncil Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).
Amendment 385 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Where a person as referred to in Article 32 is located, the competent authorities shall, subject to paragraph 2, communicate his or her whereabouts to the Member State issuing the alert. In the case of missing children or children who need to be placed under protection the executing Member State shall consult immediately the issuing Member State in order to agree without delayin 12 hours on the measures to be taken in order to safeguard the best interest of the child. The competent authorities may, in the cases referred to in Article 32(2)(a) and (c), move the person to a safe place in order to prevent him or her from continuing his journey, if so authorised by national law.
Amendment 391 #
Proposal for a regulation
Article 36 – paragraph 2 – point a
Article 36 – paragraph 2 – point a
(a) where there is a clear indicationevidence that a person intends to commit or is committing a serious crime, in particular then offences referred to in Article 2(2) of the Framework Decision 2002/584/JHA where that offence is punishable, in the issuing Member State, by a judicial decisions executing a custodial sentence or detention order for maximum period of at least three years;
Amendment 396 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. In addition, an alert may be issued in accordance with national law, at the request of the authorities responsible for national security, where there is a concrete indicationclear evidence that the information referred to in Article 37(1) is necessary in order to prevent a serious threat by the person concerned or other serious threats to internal or external national security. The Member State issuing the alert pursuant to this paragraph shall inform the other Member States thereof. Each Member State shall determine to which authorities this information shall be transmitted.
Amendment 397 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Where there is a clear indication that vehicles, boats, aircraft and, containers, trailers with an unladen weight exceeding 750 kg and caravans are connected with the serious crimes referred to in paragraph 2 or the serious threats referred to in paragraph 3, alerts on those vehicles, boats, aircraft and containers may be issued.
Amendment 398 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Where there is a clear indicationevidence that vehicles, boats, aircraft and containers are connected with the serious crimes referred to in paragraph 2 or the serious threats referred to in paragraph 3, alerts on those vehicles, boats, aircraft and containers may be issued.
Amendment 399 #
Proposal for a regulation
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Where there is a clear indicationevidence that blank official documents or issued identity documents are connected with the serious crimes referred to in paragraph 2 or the serious threats referred to in paragraph 3, alerts on those documents, regardless of the identity of the original holder of the identity document, if any, may be issued. The technical rules necessary for entering, updating, deleting and searching the data referred to in this paragraph shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in Article 72(2).
Amendment 402 #
Proposal for a regulation
Article 37 – paragraph 1 – point f
Article 37 – paragraph 1 – point f
(f) the vehicle, boat, aircraft or, container, trailers with an unladen weight exceeding 750 kg and caravans used;
Amendment 405 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. Depending on the operational circumstances and in accordance with national law, and without prejudice to the rights of suspects and accused persons to have access to a lawyer in accordance with Directive2013/48/EU1a, an inquiry check shall comprise a more in-depth check and a questioning of the person. Where inquiry checks are not authorised by the law of a Member State, they shall be replaced by discreet checks in that Member State. _________________ 1a Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty
Amendment 406 #
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. During specific checks, persons, vehicles, boats, aircraft, containers and objects carried, may be searched in accordance with national law for the purposes referred to in Article 36. Searches shall be carried out in accordance with national law. Where specific checks are not authorised by the law of a Member State, they shall be replaced by inquirydiscreet checks in that Member State.
Amendment 408 #
Proposal for a regulation
Article 38 – paragraph 2 – point h
Article 38 – paragraph 2 – point h
(h) aircraft and aircraft engines;
Amendment 426 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. PWhere such data is contained within an alert in the SIS, either photographs, facial images, dactylographic data andor DNA profiles shall be retrieved from SIS to verify the identity of a person who has been located as a result of an alphanumeric search made in SIS.
Amendment 428 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Photographs, facial images, dactylographic data and DNA profiles, if available, shall be retrieved from SIS to verify the identity of a person who has been located as a result of an alphanumeric search made in SIS.
Amendment 436 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Dactylographic data stored in SIS in relation to alerts issued pursuant to Articles 26, 34(1) b) and d) and Article 36 may also be searched by using complete or incomplete sets of fingerprints or palm prints discovered at the scenes of crimserious crimes or terrorist offences under investigation, and where it can be established to a high degree of probability that they belong to the perpetrator of the offence provided that the competent authorities are unable to establish the identity of the person by using any other national, European or international database.
Amendment 437 #
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
Amendment 447 #
Proposal for a regulation
Article 43 – paragraph 3 a (new)
Article 43 – 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 452 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – introductory part
Article 45 – paragraph 1 – subparagraph 1 – introductory part
The services in the Member States responsible for issuing registration certificates or ensuring traffic management for boats, including boat engines and aircraft including aircraft engines shall have access to the following data entered into SIS in accordance with Article 38(2) of this Regulation for the sole purpose of checking whether boats, including boat engines; aircraft or containers presented to them for registration or subject of traffic management have been stolen, misappropriated or lost or are sought as evidence in criminal proceedings:
Amendment 454 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point c a (new)
Article 45 – paragraph 1 – subparagraph 1 – point c a (new)
(c a) data on aircraft engines.
Amendment 455 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
Article 45 – paragraph 1 – subparagraph 2
Amendment 467 #
Proposal for a regulation
Article 46 – paragraph 7
Article 46 – paragraph 7
7. Any copies, as referred to in paragraph 6, which lead to off-line databases may be retained for a period not exceeding 48 hours. That period may be extended in an emergency until the emergency comes to an end. EuropolWhere Europol creates an off-line database with SIS data, it shall report any such extensionsa database to the European Data Protection Supervisor.
Amendment 471 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. In accordance with Article 40(8) of Regulation (EU) 2016/1624, the host Member State shall authorise members of the European Border and Coast Guard teams or teams of staff involved in return- related tasks as well as the members of the migration management support teams shall, within their mandate, have the right to access and search data entered in SIS within their mandateto consult the SIS where that is necessary for fulfilling operational aims specified in the operational plan on border checks, border surveillance and return.
Amendment 472 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. Members of the European Border and Coast Guard teams or teams of staff involved in return-related tasks as well asand the 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 49(1).
Amendment 474 #
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – 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 team 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 475 #
Proposal for a regulation
Article 48 – paragraph 4
Article 48 – 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 team shall be logged in accordance with the provisions of Article 12 and every use made by them of data accessed by them shall be logged.
Amendment 476 #
Proposal for a regulation
Article 48 – paragraph 5
Article 48 – 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 team and shall not be extended to any other team members.
Amendment 478 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. For the purposes of Article 48(1) and paragraph 2 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 SISDuly authorised staff of the European Border and Coast Guard Agency shall have access to the statistical data contained in the central repository referred to in Article 54(6) for the purpose of carrying out risk analyses and vulnerability assessments as referred to in Articles 11 and 13 of Regulation (EU) 2016/1624, for the purpose of analysing the threats that may affect the functioning or security of the external borders, have the right to access and search data entered in SIS, in accordance with Articles 24 and 27.
Amendment 502 #
Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 1 – point a – indent 4
Article 52 – paragraph 2 – subparagraph 1 – point a – indent 4
- the location of the child. and when the child is put under official protection
Amendment 507 #
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2
Article 52 – paragraph 3 – subparagraph 2
Where a hit has been achieved in a Member State and the address details were forwarded to the issuing Member State and a subsequent hit in that Member State reveals the same address details the hit shall be logged in the executing Member State but neither the address details nor supplementary shall be resent to the issuing Member State. In such cases the executing Member State shall inform the issuing Member State of the repeated hits and the issuing Member State shall considerarry out a comprehensive individual assessment on the need to maintain the alert.
Amendment 516 #
Proposal for a regulation
Article 52 – paragraph 8 a (new)
Article 52 – paragraph 8 a (new)
8 a. a decision to delete by the competent authority of the issuing Member State
Amendment 530 #
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – 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 534 #
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
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 540 #
Proposal for a regulation
Article 57 – paragraph 4 a (new)
Article 57 – 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 66a.
Amendment 549 #
Proposal for a regulation
Article 59 – paragraph 5
Article 59 – 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.is deleted
Amendment 565 #
Proposal for a regulation
Article 66 a (new)
Article 66 a (new)
Article 66 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 581 #
Proposal for a regulation
Article 71 – paragraph 3
Article 71 – paragraph 3
3. The Agency shall produce, daily, monthly and annual statistics showing the number of records per category of alert, the annual number of hits per category of alert, how many times SIS was searched and how many times SIS was accessed for the purpose of entering, updating or deleting an alert in total and for each Member State. The statistics produced shall not contain any personal data. The annual statistical report shall be published. The Agency shall also provide annual statistics on the use of the functionality on making an alert issued under pursuant to Article 26 of this Regulation temporarily non-searchable, in total and for each Member State, including any extensions to the retention period of 48 hours.
Amendment 583 #
Proposal for a regulation
Article 71 – paragraph 4
Article 71 – paragraph 4
4. Member States as well as Europol, Eurojust and the European Border and Coast Guard Agency shall provide the Agency and the Commission with the information necessary to draft the reports referred to in paragraphs 3, 7 and 8. This information shall include separate statistics on the number of searches carried out by, or on behalf of, by the servicby the competent authorities in the Member States responsible for issuing vehicle registration certificates and the serviccompetent authorities in the Member States responsible for issuing registration certificates or ensuring traffic management for boats, including boat engines; aircraft and containers. The statistics shall also show the number of hits per category of alert.
Amendment 593 #
Proposal for a regulation
Article 71 a (new)
Article 71 a (new)
Article 71 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 April2016 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) and 75(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