23 Amendments of Isabel SANTOS related to 2019/0001(COD)
Amendment 44 #
Proposal for a regulation
Recital 10
Recital 10
(10) In accordance with Regulation (EU) 2018/xxxx of the European Parliament and of the Council29 [ECRIS- TCN]] and in line with the intention expressed in Regulation (EU) 2018/1240, ETIAS should be able to verify if correspondences exist between data in the ETIAS application files and the European Criminal Records Information System – Third Country Nationals (‘ECRIS-TCN’) data in the Common Identity Repository (‘CIR’) as regards which Member States hold conviction information on third- country nationals and stateless persons for a terrorist offence over the previous 20 years or other serious criminal offence. as listed in the Annex to Regulation (EU) 2018/1240 over the previous 10 years, where those criminal offences are punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years _________________ 29[Regulation (EU) yyyy/xx of the European Parliament and of the Council ….(OJ L , , p. )]
Amendment 48 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Regulation (EU) 2018/1862
Article 50a
Article 50a
1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, on read-only format, the right to access and search relevant data entered in SIS. Article 50(4) to (8) of this Regulation shall apply to this access and search.
Amendment 55 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EU) 2019/816
Article 1 – point d
Article 1 – point d
the conditions under which data of third country nationals or stateless persons included in the ECRIS-TCN system may be used for the purpose of border management in accordance withsupporting the objectives of Article 4(a) of Regulation (EU) 2018/1240 of the European Parliament and of the Council*.
Amendment 60 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) 2019/816
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation applies to the processing of identity information of third country nationals who have been subject to convictions in the Member States for the purpose of identifying the Member State(s) where such convictions were handed down, as well as for the purposes of border management [and contributing to facilitating and assisting in the correct identification of persons]Article 4(a) of Regulation (EU) 2018/1240 of the European Parliament and of the Council*.
Amendment 63 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) 2019/816
Article 2 – paragraph 2
Article 2 – paragraph 2
With the exception of provisions related to Article 4(a) of Regulation (EU) 2018/1240 and point (ii) of Article 5(1)(b), the provisions of this Regulation that apply to third country nationals also apply to citizens of the Union who also hold a nationality of a third country and who have been subject to convictions in the Member States.;
Amendment 64 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) 2019/816
Article 2 – paragraph 2a (new)
Article 2 – paragraph 2a (new)
The provisions relating to fulfilling the objectives of Article 4 (a) of Regulation (EU) 2018/1240 shall not further modify or extend the data of third country nationals and stateless persons and the modalities of data processing prescribed in this Regulation.
Amendment 65 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a – introductory part
Article 2 – paragraph 1 – point 3 – point a – introductory part
(a) point (f6) is replaced by the following:
Amendment 66 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Regulation (EU) 2019/816
Article 3 – point (f)
Article 3 – point (f)
(f) (6) 'competent authorities' means the central authorities and the Union bodies (Eurojust, Europol, the European Public Prosecutor's Office, and the ETIAS Central Unit established within the European Border and Coast Guard Agency), competent to access or query the ECRIS- TCN system in accordance with this Regulation;;
Amendment 68 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Regulation (EU) 2019/816
Article 3 – point t
Article 3 – point t
Amendment 69 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Regulation (EU) 2019/816
Article 3 – point u
Article 3 – point u
Amendment 70 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
Regulation (EU) 2019/816
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) where applicable, a flag indicating that the person concerned has been convicted for a terrorist offence over the previous 20 years or other serious criminal offence as listed in the Annex to Regulation (EU) 2018/1240 over the previous 10 years, where those criminal offences are punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years, and in those cases the code of the convicting Member State(s).;
Amendment 74 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
Regulation (EU) 2019/816
Article 5 – paragraph 1– point ca (new)
Article 5 – paragraph 1– point ca (new)
(c a) flags and the code of the convicting Member State(s) as referred to in point (c) of paragraph 1 shall not be visible to any authority other than the central authority of the convicting Member State that created the flagged record.
Amendment 75 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point b
Article 2 – paragraph 1 – point 4 – point b
Regulation (EU) 2019/816
Article 5 – paragraph 1a
Article 5 – paragraph 1a
1a. [The CIR shall contain the data referred to in points (b) and (c) of paragraph 1 and in paragraph 2, as well as the following data referred to in point (a) of paragraph 1: surname (family name); first name(s) (given name(s)); date of birth; place of birth (town and country); nationality or nationalities; gender; the type and number of the person's travel document(s), as well as the name of the issuing authority thereof; and where applicable previous names, if applicable, pseudonyms(s) and/or alias name(s), where available, the type and number of the person’s travel documents or identification documents, the name of the issuing authority as well as, in the cases referred to in point (c) of paragraph 1, the code of the convicting Member State. The remaining ECRIS-TCN data shall be stored in the ECRIS-TCN Central System.];
Amendment 76 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – introductory part
Article 2 – paragraph 1 – point 5 – introductory part
(5) in Article 7, paragraph 57 is replaced by the following:
Amendment 79 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 Regulation (EU) 2019/816
Article 2 – paragraph 1 – point 5 Regulation (EU) 2019/816
5. In the event of a hit, the Central System [or the CIR] shall automatically provide the competent authority with information on the Member State(s) holding criminal record information on the third country national, along with the associated reference number(s) referred to in Article 5(1) and any corresponding identity information. Such identity information shall only be used for the purpose of verification of the identity of the third country national concerned. The result of a search in the Central System may only be used for the purpose of making a request according to Article 6 of Framework Decision 2009/315/JHA, a request referred to in Article 16(47(3) of this Regulation, or for the purposes of border management [and facilitating and assisting in the correct identification of persons registered in the ECRIS-TCN system].supporting the objectives of Article 4(a) of Regulation (EU) 2018/1240 of the European Parliament and of the Council;
Amendment 82 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 Regulation (EU) 2019/816
Article 2 – paragraph 1 – point 6 Regulation (EU) 2019/816
1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, on a read-only format, the right to access and search ECRIS-TCN data in the [CIR]. However, it shall only have access to data records to which a flag has been added in accordance with Article 5(1)(c) of this Regulation.
Amendment 83 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EU) 2019/816
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 data record, including any fingerprints, facial images or flags as referred to in Article 5(1)(c), from the Central System [and the CIR] . In those cases where the data related to a conviction for a terrorist offence or other form of serious crime as referred to in Article 5(1)(c)inal offences as listed in the Annex to Regulation (EU) 2018/1240, are deleted from the national criminal record, but information on other convictions of the same person is retained, only the flag referred to in Article 5(1)(c) shall be removed from the data record. This erasure shall take placbe automaticallyed, where possible, and in any event no later than one monthweek after the expiry of the retention period.;
Amendment 85 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – introductory part
Article 2 – paragraph 1 – point 8 – introductory part
(8) in Article 224, paragraph 1 is replaced by the following:
Amendment 87 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Regulation (EU) 2019/816
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The data included in the Central System [and the CIR] shall only be processed for the purpose of the identification of the Member State(s) holding the criminal records information of third country nationals, as well as for the purposes of border management [as well as for facilitating and assisting in the correct identification of persons registered in the ECRIS-TCN system].supporting the objectives of Article 4(a) of Regulation (EU) 2018/1240 of the European Parliament and of the Council;
Amendment 91 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – introductory part
Article 2 – paragraph 1 – point 9 – introductory part
(9) in Article 30(42(3), the second subparagraph is replaced by the following:
Amendment 93 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Regulation (EU) 2019/816
Article 30 – paragraph 4 – subparagraph 2
Article 30 – paragraph 4 – subparagraph 2
Every month eu-LISA shall submit to the Commission statistics without allowing for individual identification relating to the recording, storage and exchange of information extracted from criminal records through the ECRIS-TCN system and the ECRIS Reference implementation, including on the data records which include a flag in accordance with Article 5(1)(c). eu-LISA shall ensure that it is not possible to identify individuals on the basis of those statistics. Those statistics shall be evaluated by the Commission, the European Parliament and the EDPS, after the first year and then every two years to evaluate the necessity and proportionality of the extension of the purposes of the ECRIS- TCN for the provisions of Article 4(a) of the Regulation (EU) 2018/1240 of the European parliament and of the Council.
Amendment 95 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) 2019/816
Article 31(1)
Article 31(1)
Article 2931a Keeping of logs for the purpose of interoperability with ETIAS
Amendment 96 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
Regulation (EU) 2019/816
Annex II
Annex II
Table of correspondences referred to in Article 7a The ECRIS-TCN corresponding data of Article 5(1) of this Regulation in [the CIR] against which the ETIAS data should be checked surname (family name) previous name(s) first name(s) (given name(s)) pseudonym and/or alias name(s) date of birth place of birth (town and country) place of birth (town and country) gender nationality or nationalities nationality or nationalities type of the person’s travel or identification documents number of the person’s travel or identification documents name of the issuing authority