[ParlTrack]

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008
Article 9 a – paragraph 2

2. When an application is created ~~or a visa is issued~~, the VIS shall check whether the travel document related to that application is recognised in accordance to Decision No 1105/2011/EU, by performing an automatic search against the list of recognised travel documents referred to in Article 5a, and shall return a result.

2018/11/15
Committee: LIBE

Gérard DEPREZ

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008
Article 9 a – paragraph 5 a (new)

5a. The VIS shall add a reference to any hit obtained pursuant to paragraph 3 to the application file.

2018/11/15
Committee: LIBE

Gérard DEPREZ

Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)

Regulation (EC) No 767/2008
Article 24 – paragraph 3

(22a) in Article 24, paragraph 3 is replaced by the following: "3. The Member State responsible shall, as soon as possible, check the data concerned and, if necessary, correct or delete them immediately. " Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32008R0767&from=EN)

2018/11/15
Committee: LIBE

Gérard DEPREZ

Proposal for a regulation
Article 1 – paragraph 1 – point 24 a (new)

Regulation (EC) No 767/2008
Article 26 – paragraph 9 a (new)

(24a) In Article 26, the following paragraph 9a is inserted: "9a. Where eu-LISA cooperates with external service providers in any VIS- related tasks, it shall closely monitor the activities of the service provider to ensure compliance with this Regulation, in particular on security, confidentiality and data protection.";

2018/11/15
Committee: LIBE

Gérard DEPREZ

Proposal for a regulation
Article 1 – paragraph 1 – point 24 b (new)

Regulation (EC) No 767/2008
Article 26 – paragraph 9 b (new)

(24b) In Article 26, the following paragraph 9b is inserted: "9b. The operational management of the VIS Central System shall under no circumstances be entrusted to a private company or private organisation."

2018/11/15
Committee: LIBE

Gérard DEPREZ

Proposal for a regulation
Article 1 – paragraph 1 – point 26 – point b

Regulation (EC) No 767/2008
Article 29 – paragraph 1 – point c

(c) the data are accurate, up-to-date and of an adequate level of quality and completeness when they are transmitted to the VIS. For this purpose, Member States shall ensure that consular staff and the staff of any external service provider with which they are cooperating as referred to in Article 43 of Regulation (EU) No 810/2009 receive regular training on data quality.;

2018/11/15
Committee: LIBE

Gérard DEPREZ

Proposal for a regulation
Article 1 – paragraph 1 – point 26 – point d a (new)

Regulation (EC) No 767/2008
Article 29 – paragraph 3 a (new)

(da) In Article 29, the following paragraph is added: "3a. In relation to the processing of personal data in the VIS, each Member State shall designate the authority which is to be considered as controller in accordance with point (7) of Article 4 of Regulation (EU) 2016/679 and which shall have central responsibility for the processing of data by that Member State. Each Member State shall notify the Commission of the designation.";

2018/11/15
Committee: LIBE

Gérard DEPREZ

Proposal for a regulation
Article 1 – paragraph 1 – point 34

Regulation (EC) No 767/2008
Article 45a – paragraph 1 – subparagraph 1 – introductory part

The duly authorised staff of the competent authorities of Member States, the Commission, eu-LISA and the European Border and Coast Guard Agency established by Regulation (EU) 2016/1624 shall have access to consult the following data, solely for the purposes of reporting and statistics without allowing for individual identification and in accordance with the safeguards related to non-discrimination referred to in Article 7:

2018/11/15
Committee: LIBE

Gérard DEPREZ

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

Regulation (EC) No 767/2008
Article 45 b – paragraph 4

4. The VIS shall respond by indicating whether or not the person has a valid visa, long-stay visa, residence permit or residence card, providing the carriers with an OK/NOT OK answer.

2018/11/15
Committee: LIBE

Gérard DEPREZ

Proposal for a regulation
Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008
Article 22 b – paragraph 2

2. Every time an individual file is created ~~upon issuance or refusal~~ pursuant to Article 22~~d of~~c or 22d in connection with a long-stay visa or residence permit, and prior to any decision to issue such, the VIS shall launch a query by using the European Search Portal defined in Article 6(1) of [the Interoperability Regulation] to compare the ~~relevant~~ data referred to in Article 22c(2)(a), (b), (c), (f) and (g) of this Regulation ~~with the relevant data, in the VIS, the Schengen Information System (SIS), the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS) includ~~. The VIS shall verify: (a) whether the travel document used for the application corresponds to a travel document reported lost, stolen, misappropriated or invalidated in SIS; (b) whether the travel document used for the application corresponds to a travel document reported lost, stolen or invalidated in the SLTD database; (c) whether the applicant is subject to a refusal of entry and stay alert entered in SIS; (d) whether the applicant is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS; (e) whether the applicant and the travel document correspond to a refused, revoked or annulled travel authorisation in the ETIAS Central System; (f) whether the applicant and the travel document are ing the watch list referred to in Article 2934 of Regulation (EU) 2018/XX for the purposes of establishing a European Travel Information and Authorisation System, [the ECRIS-TCN system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned], the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD), and the Interpol Travel Documents Associated with Notices database (Interpol TDAWN). 1240; (g) whether data is already recorded in VIS on the same person; (h) whether the data provided in the application concerning the travel document correspond to another application for a long-stay visa, residence permit or residence card associated with different identity data; (i) whether the applicant is currently reported as an overstayer or whether he or she has been reported as an overstayer in the past in the EES; (j) whether the applicant is recorded as having been refused entry in the EES; (k) whether the applicant has been subject to a decision to refuse, annul or revoke a short-stay visa recorded in VIS; (l) whether the applicant has been subject to a decision to refuse, annul or revoke a long-stay visa, residence permit or residence card recorded in VIS; (m) whether the data provided in the application correspond to Europol data; (n) whether the applicant is registered in Eurodac; (o) whether the applicant is registered in the ECRIS-TCN system as having been convicted of a terrorist offence or other forms of serious criminal offence; (p) whether the travel document used for the application corresponds to a travel document recorded in the TDAWN database; (q) in cases where the applicant is a minor, whether the applicant's parental authority or legal guardian: (i) is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS; (ii) is subject to a refusal of entry and stay alert in SIS; (iii) holds a travel document in the watch list referred to in Article 34 of Regulation (EU) 2018/1240.

2018/11/15
Committee: LIBE

Gérard DEPREZ

Proposal for a regulation
Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008
Article 22 q – paragraph 1

1. Each Member State and Europol shall ensure that all data processing operations resulting from requests to access to VIS data in accordance with Chapter IIc are logged or documented for the purposes of checking the admissibility of the request, monitoring the lawfulness of the data processing and data integrity and security, and self-monitoring. The operations shall be protected by appropriate measures against unauthorised access and erased two years after their creation, unless they are required for monitoring procedures that have already begun.

2018/11/15
Committee: LIBE

Gérard DEPREZ

Proposal for a regulation
Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008
Article 22 q – paragraph 3

3. Logs and documentation shall be used only for monitoring the lawfulness of data processing, for monitoring the impact on fundamental rights, and for ensuring data integrity and security. Only logs which do not contain personal data may be used for the monitoring and evaluation referred to in Article 50 of this Regulation. The supervisory authority established in accordance with Article 41(1) of Directive (EU) 2016/680, which is responsible for checking the admissibility of the request and monitoring the lawfulness of the data processing and data integrity and security, shall have access to these logs at its request for the purpose of fulfilling its duties.

2018/11/15
Committee: LIBE

Gérard DEPREZ

Proposal for a regulation
Article 3 – paragraph 1 – point 4

Regulation (EC) No 810/2009
Article 21 a – paragraph 1 – introductory part

1. Assessment of security or illegal immigration or a high epidemic risks shall be conducted on the basis of the same safeguards and conditions as those laid down in Regulation 2018/1240 (ETIAS) and shall be based on:

2018/11/15
Committee: LIBE

Gérard DEPREZ

Proposal for a regulation
Article 4 – paragraph 1 – point 2

Regulation (EU) No 2017/2226
Article 13 – paragraph 3

3. In order to fulfil their obligation under point (b) of Article 26(1) of the Convention implementing the Schengen Agreement, carriers shall use the web service to verify whether a short-stay visa is valid, including if the number of authorised entries have already been used or if the holder has reached the maximum duration of the authorised stay or, as the case may be, if the visa is valid for the territory of the port of destination of that travel. Carriers shall provide the data listed under points (a), (b) and (c) of Article 16(1) of this Regulation. On that basis, the web service shall provide carriers with an OK/NOT OK answer. Carriers may store the information sent and the answer received in accordance with the applicable law. Carriers shall establish an authentication scheme to ensure that only authorised staff may access the web service. It shall not be possible to regard the OK/NOT OK answer as a decision to authorise or refuse entry in accordance with Regulation (EU) 2016/399. In cases where passengers are not allowed to board due to a query in VIS, carriers shall provide passengers with that information and the means to exercise their rights to access, rectification and erasure of personal data stored in VIS.

2018/11/15
Committee: LIBE

Activities of Gérard DEPREZ related to 2018/0152(COD)

Plenary speeches (1)

Shadow reports (1)

Shadow opinions (1)

Amendments (14)

ParlTrack - 2011-2024