30 Amendments of Jean-Paul GARRAUD related to 2021/0410(COD)
Amendment 246 #
Proposal for a regulation
Recital 4
Recital 4
(4) Council Decisions 2008/615/JHA31 and 2008/616/JHA32 laying down rules for the exchange of information between authorities responsible for the prevention and investigation of criminal offences by providing for the automated transfer of DNA profiles, dactyloscopic data and certain vehicle registration data, solely in the case provided for by law and at an advanced stage of the investigation, have proven important for tackling terrorism and cross-border crime. _________________ 31 Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross- border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1). 32 Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 12).
Amendment 259 #
Proposal for a regulation
Recital 7
Recital 7
(7) By providing for the automated search or comparison of DNA profiles, dactyloscopic data, vehicle registration data, facial images and police records, the purpose of this Regulation is also to allow for the search of missing persons and unidentified human remains. This automated system should be subject to human supervision. This should be without prejudice to the entry of SIS alerts on missing persons and the exchange of supplementary information on such alerts under Regulation (EU) 2018/1862 of the European Parliament and of the Council.33 . _________________ 33 Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56).
Amendment 370 #
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Member States shall ensure the availability of DNA reference data from their national DNA analysis files as referred to in paragraph 1. They may have such data at their disposal on condition that, in accordance with the national law of each Member State, it may be transferred between the competent authorities of the Member States concerned.
Amendment 379 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 389 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Should an automated search show that a supplied DNA profile matches DNA profiles entered in the requested Member State's searched file, the national contact point of the requesting Member State shall receive in an automated way, after human verification, shall receive the DNA reference data with which a match has been found.
Amendment 394 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The national contact point of the requesting Member State shall confirm a match of DNA profiles data with DNA reference data held by the requested Member State following the automated supply of the DNA reference data required for confirming a match.
Amendment 403 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Amendment 405 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States may, via their national contact points, compare the DNA profiles of their unidentified DNA profiles with all DNA profiles from other national DNA analysis files for the investigation of criminal offences. Profiles shall be supplied and compared in an automated manner.
Amendment 406 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Should a requested Member State, as a result of the comparison referred to in paragraph 1, find that any DNA profiles supplied match any of those in its DNA analysis files, it shall, without delay, supply the national contact point of the requesting Member State with the DNA reference data with which a match has been found. At this stage, this data should be subject to human verification in order to confirm or not a match between DNA profiles before supply to the requesting Member State.
Amendment 408 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The human confirmation of a match of DNA profiles with DNA reference data held by the requested Member State shall be carried out by the national contact point of the requesting Member State followafter human verification ing the automated supply of the DNA reference data required for confirming a matchrequested Member State and following the supply of the DNA reference data.
Amendment 409 #
Proposal for a regulation
Article 8
Article 8
Amendment 417 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. A request for an automated search or comparison shall include only the following information:
Amendment 424 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Automated nNotification of a match shall only be provided if the automated search or comparison has resulted in a match of a minimum number of loci. The Commission shall adopt implementing acts to specify this minimum number of loci, in accordance with the procedure referred to in Article 76(2).
Amendment 440 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The national contact point of the requesting Member State shall confirm a match of dactyloscopic data with dactyloscopic reference data held by the requested Member State following the automatehuman verification and supply of the dactyloscopic reference data required for confirming a match.
Amendment 451 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
Amendment 504 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The requesting Member State shall receive a list composed of matches concerning likely candidates. That Member after human verification in the requested Member State. That first State shall review the list to determine the existence of a confirmed match.
Amendment 521 #
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. Member States may decide, in accordance with their national law, to participate in the automated exchange of police records. Member States participating in the automated exchange of police records shall ensure the availability of biographical data of suspects and criminals from their national police records indexes established for the investigation of criminal offences. This set of data, if available, shall contain the following data:
Amendment 530 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. For the investigation of criminal offences, Member States shallmay allow national contact points of other Member States and Europol access to data from their national police records indexes, to conduct automated searches.
Amendment 535 #
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The requesting Member State shall receive the list of matches, after human verification, with an indication of the quality of the matches.
Amendment 559 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Member States shall take all necessary measures to ensure that automated searching or comparison of DNA profiles, dactyloscopic data, vehicle registration data, facial images and police records is possible 24 hours a day and seven days a week.
Amendment 561 #
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
Article 32 – paragraph 2 – introductory part
2. National contact points shall immediately inform each other, the Commission, Europol and eu-LISA of the technical fault causing unavailability of the automated data exchange.
Amendment 583 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Any automated exchange of data in accordance with this Regulation shall use the UMF standard.
Amendment 600 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Any matches resulting from the query in each Member States’s databases and Europol data shall be sent back in an automated manner, after human verification, to the router.
Amendment 618 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
Should the data be unsuitable for an automated comparison, the requested Member State shall inform the requesting Member State about it via the router without delay.
Amendment 626 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
Amendment 630 #
Proposal for a regulation
Article 40 – paragraph 3 – introductory part
Article 40 – paragraph 3 – introductory part
3. The logs referred to in paragraphs 1 and 2 may be used only for the collection of statistics and data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security and integrity.
Amendment 638 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Where it is technically impossible to use the router to query one or several national databases or Europol data because of a failure of the national infrastructure in a Member State, that Member State shall notify the other Member States, eu-LISA and the Commission and Europol in an automated manner. Member States shall take measures to address the technical impossibility to use the router without delay.
Amendment 641 #
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Where it is technically impossible to use the router to query one or several national databases or Europol data because of a failure of the infrastructure of Europol, Europol shall notify the Member States, and eu-LISA and the Commission in an automated manner. Europol shall take measures to address the technical impossibility to use the router without delay.
Amendment 669 #
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. Where it is technically impossible to use EPRIS to query one or several national databases because of a failure of the national infrastructure in a Member State, that Member State shall notify Europol and the Commission in an automated manner. Member States shall take measures to address the technical impossibility to use EPRIS without delay.
Amendment 756 #
Proposal for a regulation
Article 60
Article 60