27 Amendments of Gérard DEPREZ related to 2017/0144(COD)
Amendment 56 #
Proposal for a regulation
Recital 4
Recital 4
(4) The ECRIS legal framework, however, does not sufficiently cover the particularities of requests concerning third country nationals. Although it is nowcurrently possible to exchange information on third country nationals through ECRIS, there is no procedure or mechanism in place to do so efficiently.
Amendment 61 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should therefore lay down rules on creating a centralised system containing and protecting personal data at the level of the Union, the division of responsibilities between the Member State and the organisation responsible for its development and maintenance, as well as any specific data protection provisions needed to supplement the existing data protection arrangements and provide for an adequate overall level of data protection and data security. The fundamental rights of the persons concerned should be protected as well.
Amendment 63 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) The ECRIS-TCN system allows processing of fingerprint data and facial images with the aim of identifying the Member State(s) in possession of information on the criminal record of a third-country national and in order to confirm their identity. The introduction and use of fingerprint data and facial images must never exceed what is strictly necessary to achieve the aim, must respect fundamental rights, including the best interests of children, and must be in conformity with Directive (EU) 2016/680.
Amendment 66 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Adequate and proportionate financial and human resources should be allocated to the Agency in order to ensure the smooth implementation and management of the ECRIS-TCN system.
Amendment 73 #
Proposal for a regulation
Recital 12
Recital 12
(12) In the event that there is a match between data recorded in the Central System and those used for search by a Member State (hit), the identity information against which a 'hit' was recorded is provided together with the hit. That information should only be used to assist in confirming the identity of the third country national concerned in order to verify that the recorded data is accurately assigned to the correct person to which the hit relates. This may include the recording of such data in the national criminal record database of the querying Member States as an alias of the third country national.
Amendment 82 #
Proposal for a regulation
Recital 14
Recital 14
(14) The use of biometrics is necessary as it is the most reliable method of identifying third country nationals within the territory of the Member States, who are oftensometimes are not in possession of documents or any other means of identification, as well as for more reliable matching of third country nationals data.
Amendment 87 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) The Member States should also be able to create a record in the ECRIS-TCN system whenever they obtain, in the course of a criminal procedure, information on convictions linked to terrorist offences or serious crime handed down to a national of a third country with which Eurojust has signed a judicial cooperation agreement.
Amendment 103 #
Proposal for a regulation
Recital 23
Recital 23
(23) Directive (EU) 2016/680 of the European Parliament and of the Council26 should apply to the processing of personal data by competent national authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security. Regulation (EU) 2016/679 of the European Parliament and of the Council27 should apply to the processing of personal data by national authorities provided that national provisions transposing Directive (EU) 2016/680 do not apply. Coordinated supervision should be ensured in accordance with Article 62 of [the new data protection regulation for Union institutions and bodies]. _________________ 26 Directive (EU 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89) 27 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 109 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Since using the ECRIS-TCN system involves submitting a specific request for information on possible convictions in a Member State, the Commission should, when reviewing this Regulation, assess the possibility and opportunity of creating a European criminal record, from which third-country nationals and Member State nationals would be able to obtain an extract on request.
Amendment 150 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The convicting Member State shall systematically create the data record as soon as possible afterwithout delay and in any case within 24 hours of the conviction wasbeing entered into the national criminal records register.
Amendment 153 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The convicting Member States shall, within no more than one month of the ECRIS-TCN system coming online, create data records also for convictions handed down prior to [date of entry into force of this Regulation] to the extent that such data are stored in its national criminal records or national fingerprints database.
Amendment 155 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Whenever a Member State obtains, in the course of a criminal proceeding, information on convictions linked to terrorist offences as set out in Articles 3 to 12 of Directive (EU) 2017/541 or to serious crime as defined in Article 2.2 of Council Framework Decision 2002/584/JAI which have been handed down to third-country nationals by a judicial authority of a third country with which Eurojust has signed a judicial cooperation agreement, that Member State may create a record in the ECRIS- TCN system.
Amendment 178 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 183 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Upon expiry of the retention period referred to in paragraph 1, the central authority of the convicting Member State shall erase the individual data record without delay from the Central System, and in any event no later than one month24 hours after the expiry of that retention period.
Amendment 188 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. If a Member State has reason to believe that the data it has recorded in the Central System are inaccurate or that data were processed in the Central System in contravention of this Regulation, it shall check the data concerned and, if necessary, amend them or delete them from the Central System without dimmediatelay.
Amendment 199 #
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) the technical specifications for data quality, including a mechanism and procedures to carry out data quality checks;
Amendment 225 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Prior to the design and development phase, a Programme Management Board composed of a maximum of ten members shall be established by the Management Board of eu-LISA. It shall be composed of eightseven representatives appointed by the Management Board from among its members or their alternates, the Chair of the ECRIS-TCN system Advisory Group referred to in Article 36, a member representing eu-LISA appointed by its Executive Director and one member appointed by the Commission. The members appointed by the Management Board shall be elected only from those Member States which are fully bound under Union law by the legislative instruments governing the ECRIS and which will participate in the ECRIS-TCN system. The Management Board shall ensure that the representatives it appoints shall have the necessary experience and expertise in the development and management of IT systems supporting judicial and criminal records authorities. The Programme Management Board shall meet at least once every three months, and more often when necessary. It shall ensure the adequate management of the design and development phase of the ECRIS-TCN system. The Programme Management Board shall submit written reports every month to eu-LISA’s Management Board on progress of the project. It shall have no decision-making power nor any mandate to represent the members of the Management Board.
Amendment 232 #
Proposal for a regulation
Article 11 – paragraph 9
Article 11 – paragraph 9
9. During the design and development phase, the ECRIS-TCN system Advisory Group referred to in Article 36 shall be composed of the national ECRIS-TCN system project managers and chaired by eu-LISA. During the design and development phase it shall meet at least once a month until the start of operations of the ECRIS-TCN system. It shall report after each meeting to the Management Board of eu-LISA. It shall provide the technical expertise to support the tasks of the Management Board and shall follow-up on the state of preparation of the Member States.
Amendment 250 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Authorised staff of Eurojust shall have direct access to the ECRIS-TCN system for the purpose of the implementation of Article 14, as well as for fulfilling its statutory tasks.
Amendment 252 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Authorised staff of Europol [and of the European Public Prosecutor's Office] shall have direct access to the ECRIS-TCN system for the purpose of fulfilling their statutory tasks.
Amendment 270 #
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
Europol, Eurojust [and the European Public Prosecutor's Office] shall take the necessary measures to ensure that members of their staff authorised to access the ECRIS-TCN system are subjected to disciplinary measures by the Agency [or the Court] if they make use of data from the ECRIS-TCN system in a way which does not conform with this regulation.
Amendment 275 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Access to the ECRIS-TCN system for entering, amending, deleting and consulting the data referred to in Article 5 shall be reserved exclusively to duly authorised staff of the central authorities, and to duly authorised staff of the bodies referred to in Article 15 for consulting the data. That access shall be limited to the extent needed for the performance of the tasks in accordance with the purpose referred to in paragraph 1, andshall be proportionate toand necessary for the objectives pursued.
Amendment 279 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. If a request is made to a Member State other than the convicting Member State, the authorities of the Member State to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ECRIS-TCN system within a time limit of one month if that check can be done without consulting the convicting Member State. Otherwise, the Member State other than the convicting Member State shall contact the authorities of the convicting Member State within 14 days and the convicting Member State shall check the accuracy of the data and the lawfulness of the data processing within one monthweek from the contact.
Amendment 288 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 (new)
Article 25 – paragraph 1 – subparagraph 1 (new)
Amendment 299 #
Proposal for a regulation
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6a. Logs shall be deleted two years after their creation. They may be kept longer if they are required for monitoring procedures that are already under way.
Amendment 307 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
The Member States shall notify eu-LISA of their central authorities which have access to enter, amend, delete consult or search data. eu-LISA shall regularly publish a list of these central authorities. as soon as a change occurs.
Amendment 313 #
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. Three years after the start of operations of the ECRIS-TCN system and every four years thereafter, the Commission shall produce an overall evaluation of the ECRIS-TCN system and the ECRIS reference implementation. That overall evaluation shall include an assessment of the application of the Regulation, an examination of results achieved against objectives and the impact on fundamental rights, and an assessment of the continuing validity of the underlying rationale, the application of the Regulation, the security of the system and any implications on future operations, and shall make any necessary recommendations, including ones concerning the establishment of a European criminal record, from which third-country nationals and Member State nationals would be able to obtain an extract on request using the ECRIS and ECRIS- TCN system. The Commission shall transmit the evaluation report to the European Parliament and the Council.