BETA

13 Amendments of Sylwia SPUREK related to 2018/0330B(COD)

Amendment 41 #
Proposal for a regulation
Recital 81 a (new)
(81 a) FADO is specifically created for the purpose of hosting specimen documents and examples of falsified documents that include descriptions of methods of falsification and forgery provided by Member States, and might also host such documents originating from third countries, territorial entities, international organisations and other entities subject to international law. As a direct consequence of that purpose, it should be possible to store personal data in the form of facial images in FADO in so far as the security features of a document cannot be separated from those facial images, or where a false, forged, counterfeit or pseudo document imitates security features that cannot be separated from a facial image. No alphanumeric personal data should be stored in FADO. The European Border and Coast Guard Agency established by Regulation (EU) 2019/... of the European Parliament and of the Council (‘the Agency’) should take the necessary steps to anonymise all elements of personal data which is not necessary in relation to the purposes for which the data is processed in accordance with the principle of data minimisation, provided for in point (c) of Article 4(1) of Regulation (EU) 2018/1725. It should not be possible to retrieve or search any elements of personal data in FADO.
2019/10/17
Committee: LIBE
Amendment 45 #
Proposal for a regulation
Recital 81 b (new)
(81 b) FADO should contain information on all types of genuine travel, identity, residence and civil status documents, driving licenses and vehicle licenses issued by Member States and falsified versions of such documents in their possession, and might also contain other related official documents that are used when applying for travel, residence or identity documents issued by Member States. It might also contain any such documents issued by third countries, territorial entities, international organisations and other entities subject to international law.
2019/10/17
Committee: LIBE
Amendment 46 #
Proposal for a regulation
Recital 81 c (new)
(81 c) While Member States can maintain or develop their national systems containing information on genuine and false documents, they should be obliged to provide the Agency with information on genuine travel, identity, residence and civil status documents, driving licenses and vehicle licenses which they issue, and falsified versions of such documents in their possession. The Agency should upload that information to FADO in order to guarantee the uniformity and quality of the information. In particular, Member States should provide all security features of new versions of genuine documents issued by Member States that are covered by this Regulation.
2019/10/17
Committee: LIBE
Amendment 47 #
(81 d) In order to ensure a high level of control of document fraud by Member States, the Member States’ authorities competent in the area of document fraud such as border police, other law enforcement authorities or certain other third parties should be provided with differing levels of access to FADO, depending on their requirements. As the conditions and measures for granting such access are non-essential elements supplementing this Regulation, they should be laid down by means of delegated acts. Equally, FADO should enable certain users to have at their disposal information on any new forgery methods that are detected and on new genuine documents that are in circulation.
2019/10/17
Committee: LIBE
Amendment 51 #
Proposal for a regulation
Recital 101 a (new)
(101 a)In order to ensure the effective implementation of the FADO system, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the establishment of measures granting access to FADO to Member States’ authorities competent in the area of document fraud, and the establishment of measures granting restricted access to FADO to third parties such as airlines, Union institutions, bodies, offices and agencies, third countries or international organisations. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and that their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 1a OJ L 123, 12.5.2016, p.1
2019/10/17
Committee: LIBE
Amendment 52 #
Proposal for a regulation
Article 80
1. The Agency shall take over and operate False and Authentic Documents Online (FADO) which is a database that shall contain information on genuine travel and residence documents issued by Member States, third countries, territorial entities, international organisations and other entities subjects of international law and on falsifications thereof. The FADO system shall not contain any personal data. The Member States shall transmit the data currently in FADO to the new system. 2. The Commission shall adopt implementing acts in accordance with the procedure referred to in Article 117(2) in order to: (a) establish the technical specifications of FADO according to high standards; (b) set up the procedures for controlling and verifying the information contained in FADO.Article 80 deleted
2019/10/17
Committee: LIBE
Amendment 58 #
Proposal for a regulation
Article 80 a (new)
Article 80 a Scope FADO shall contain information on genuine travel, identity, residence and civil status documents, driving licenses, vehicle licenses issued by Member States and falsified versions of such documents in their possession, and may also contain other related official documents that are used when applying for travel, residence or identity documents issued by Member States, and where applicable, by third countries, territorial entities, international organisations and other entities subject to international law, and information on falsifications thereof.
2019/10/17
Committee: LIBE
Amendment 61 #
Proposal for a regulation
Article 80 b (new)
Article 80 b Categories of documents and data contained in FADO 1. FADO shall include the following: (a) information, including images, on genuine documents and their security features; (b) information, including images on false, forged, counterfeit or pseudo documents and their fraud characteristics; (c) summary information on forgery techniques; (d) summary information on the security features of the genuine documents; (e) statistics on detected false documents; (f) recommendations on effective ways of detecting specific methods of forgery. FADO may also contain handbooks, contact lists and information on valid travel documents and their recognition by Member States, as well as other useful related information. FADO shall not contain personal data, except for facial images in so far as the security features of a document cannot be separated from those facial images, or where the false, forged, counterfeit or pseudo document imitates security features that cannot be separated from a facial image. No alphanumeric personal data shall be stored in FADO. Member States shall ensure that individuals whose personal data is contained in specimen documents have given their consent, including for processing of their personal data in FADO. 2. Member States shall transmit the data on genuine and fraudulent travel, identity, residence and civil status documents, driving licenses and vehicle licenses that they possess to the European Border and Coast Guard Agency (‘the Agency’). Member States may also transmit to the Agency data on other genuine official documents that are used when applying for travel, residence or identity documents issued by Member States or falsifications of any of those documents.
2019/10/17
Committee: LIBE
Amendment 65 #
Proposal for a regulation
Article 80 c (new)
Article 80 c Responsibilities of the Agency 1. The Agency shall be responsible for establishing FADO in accordance with this Regulation. The Agency shall ensure the functioning of FADO 24 hours a day, 7 days a week and provide for its maintenance and updating. 2. The Agency shall provide the Member States’ competent authorities with near real-time assistance in the detection and identification of falsified documents. 3. The Agency shall be responsible for uploading the information received from the Member States in a timely and efficient manner in order to guarantee the uniformity and quality of the data while ensuring the respect for the principle of data minimisation provided for in point (c) of Article 4(1) of Regulation (EU) 2018/1725. 4. The Agency shall be responsible for uploading information on documents from third countries, territorial entities, international organisations and other entities subject to international law, and information on falsifications thereof .
2019/10/17
Committee: LIBE
Amendment 68 #
Proposal for a regulation
Article 80 d (new)
Article 80 d FADO architecture and access to the system The FADO architecture shall enable: (a) document experts of the Member States’ authorities competent in the area of document fraud, such as border police and other law enforcement authorities, to access the system in an unrestricted manner; (b) Member States’ authorities and third parties, such as Union institutions, bodies, offices and agencies, to access the system in a restricted manner where they require access to limited information regarding the security features and falsification of documents; (c) third parties, such as airlines, third countries or international organisations that do not require detailed information regarding the security features and falsification of documents to access the system in a restricted manner, but shall not grant them access to any personal data that are not subject to the consent of the individual concerned; (d) the public to access the system in a restricted manner for specimen documents but shall not grant it access to personal data that are not subject to the consent of the individual concerned; the public shall only be provided with access to public information on security features.
2019/10/17
Committee: LIBE
Amendment 71 #
Proposal for a regulation
Article 80 e (new)
Article 80 e Processing of personal data by the Agency The Agency shall apply Regulation (EU) 2018/1725 when processing personal data. In accordance with Article 80b, the Agency shall upload personal data, in the form of facial images, only to the extent that those images are strictly necessary to describe or illustrate the security feature or the method of falsification.
2019/10/17
Committee: LIBE
Amendment 72 #
Proposal for a regulation
Article 80 f (new)
Article 80 f Delegated and implementing acts 1. The Commission shall adopt delegated acts in accordance with Article 80g acts concerning: (a) the establishment of measures granting access to FADO to Member States’ authorities competent in the area of document fraud; (b) the establishment of measures granting restricted access to FADO to third parties such as airlines, Union institutions, bodies, offices and agencies, third countries or international organisations. 2. The Commission shall adopt implementing acts in accordance with Article X concerning the establishment of: (a) the technical specifications for entering and storing information into the system; (b) the procedures for controlling and verifying the information contained in the system; (c) the determination of the date of the effective implementation of FADO by the Agency. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article X.
2019/10/17
Committee: LIBE
Amendment 73 #
Proposal for a regulation
Article 80 g (new)
Article 80 g Exercise of delegation 1. The power to adopt delegated acts is conferred on to the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 80f(1) shall be conferred on the Commission for an indeterminate period of time from … [date of entry into force of this Regulation]. 3. The delegation of power referred to in Article 80f(1) 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 Article 80f(1) 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 to 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.
2019/10/17
Committee: LIBE