21 Amendments of Isabel SANTOS related to 2019/0002(COD)
Amendment 70 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11 – paragraph 8 – subparagraph 1
Article 11 – paragraph 8 – subparagraph 1
Where hits are identified, the tool referred to in Article 11, shall makprovide temporarily availabley read-only access to the results in the application file to the ETIAS Central Unit, until the end of the manual process pursuant to Article 22(2) and Article 23(2). Where the data made available correspond to those of the applicant or where doubts remain, the unique ID code of the data having triggered a hit shall be kept in the application file.
Amendment 74 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11 – paragraph 9
Article 11 – paragraph 9
9. A hit shall be triggered where all or some of the data from the ETIAS application file used for the query correspond fully or partially to the data present in a record, alert or file of the other EU information systems consulted. The Commission shall, by means of an implementing delegated act, define partial correspondence, including a degree of probability.
Amendment 77 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11 – paragraph 10
Article 11 – paragraph 10
10. For the purpose of paragraph 1, the Commission, shall, by means of an implementing delegated act, define the technical modalities for the implementation of Article 24(6)(c)(ii) and Article 54(1)(b) related to data retention.
Amendment 80 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11 – paragraph 11
Article 11 – paragraph 11
For the purpose of Article 25(2), Article 28(8) and Article 29(9) when registering the data related to hits into the ETIAS application file, the origin of the data shall be indicated. This shall include the type of the alert, except for alerts referred to in Article 23(1), the source of the data (which other EU information systems or Europol data), the unique identification number used in the source of the data having triggered the hit and the Member State that entered or supplied the data having triggered the hit and, where available, the date and time when the data was entered in the other EU information systems or Europol data. When a hit leads to a negative decision, and without prejudice to any limitations existing in that EU information system having triggered the hit, the applicant shall be informed of which system generated the hit for the purposes of ensuring the applicant's right to an effective remedy.
Amendment 84 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EU) 2018/1240
Article 11a
Article 11a
For the purpose of Articles 6, 14 and 17 of Regulation (EU) 2017/2226, an automated process, using the secure communication infrastructure of Article 6(2)(d) of this Regulation, shall query and import from the ETIAS Central System, the information referred to in points (a) to (c) of Article 47(2) of this Regulation, as well as the application number and the end of validity period of an ETIAS travel authorisation, and update the entry/exit record in the EES accordingly.;
Amendment 86 #
Proposal for a regulation
Article 1 – paragraph 6
Article 1 – paragraph 6
Regulation (EU) 2018/1240
Article 12 – paragraph 2 (new)
Article 12 – paragraph 2 (new)
2. For the purpose of paragraph 1, a cooperation agreement is to be agreed upon between the European Union and INTERPOL. This cooperation agreement shall provide for the modalities for the exchange of information and safeguards for the protection of privacy and personal data.; The cooperation agreement shall ensure that all relevant logs will be kept, no information shall be revealed to the country triggering the INTERPOL alert, and that no onward transfers of personal data shall take place.
Amendment 89 #
Proposal for a regulation
Article 1 – paragraph 7
Article 1 – paragraph 7
Regulation (EU) 2018/1240
Article 20 – paragraph 2 – point n
Article 20 – paragraph 2 – point n
(n) whether the applicant corresponds to a person whose data is recorded in the ECRIS-TCN for terrorists offences and other serious criminal offenceover the previous 20 years or other serious criminal offences as listed in the Annex to this Regulation over the previous ten 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;
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 10
Article 1 – paragraph 10
Regulation (EU) 2018/1240
Article 25a – paragraph 2
Article 25a – paragraph 2
2. TInsofar as a hit results from a verification under point (n) of Article 20(2), the duly authorised staff of the ETIAS National Units shall also have access, in accordance with national law, to the national criminal records registers of their respective Member State in order to obtain the information on third -country nationals and stateless persons convicted for a terrorist offence or any other serious criminal offence as listed in the annex to this Regulation for the purposes referred to in paragraph 1.
Amendment 103 #
Proposal for a regulation
Article 1 – paragraph 12 a (new)
Article 1 – paragraph 12 a (new)
Regulation (EU) 2018/1240
Article 69 – paragraph 1– point (ca) (new)
Article 69 – paragraph 1– point (ca) (new)
(12 a) In Article 69(1), a new point (ca) is added: (ca) the data used through interoperability with other information systems for the processing of the applications, specifically in the cases of manual processing;
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 12 b (new)
Article 1 – paragraph 12 b (new)
Regulation (EU) 2018/1240
Article 69 – paragraph 4
Article 69 – paragraph 4
(12 b) Article 69(4) is replaced by the following: 4. Such logs may be used only for monitoring the admissibility of data processing, to ensure data security and integrity, and to ensure the right to effective remedy of the applicant. The logs shall be protected by appropriate measures against unauthorised access. They shall be deleted one year after the retention period referred to in Article 54 has expired, if they are not required for monitoring procedures which have already begun.
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 12 c (new)
Article 1 – paragraph 12 c (new)
Regulation (EU) 2018/1240
Article 69 – paragraph 4 a (new)
Article 69 – paragraph 4 a (new)
(12 c) In Article 69, a new paragraph is added: 4a. For the purpose of paragraph 4, the Commission, shall, by means of a delegated act, define the technical modalities for its implementation.
Amendment 106 #
Proposal for a regulation
Article 1 – paragraph 13 – point c
Article 1 – paragraph 13 – point c
Regulation (EU) 2018/1240
Article 88 – paragraph 6
Article 88 – paragraph 6
6. The interoperability, referred to in Article 11, with ECRIS-TCN shall start when [the CIR] enters into operations, which is scheduled in 2022. ETIAS’ operations shall start irrespective of whether that interoperability with ECRIS- TCN is put in place.
Amendment 108 #
Proposal for a regulation
Article 1 – paragraph 13 – point c
Article 1 – paragraph 13 – point c
Regulation (EU) 2018/1240
Article 88 – paragraph 7
Article 88 – paragraph 7
7. ETIAS shall start its operations irrespective of whethernot query INTERPOL databases before a cooperation agreement between the European Union and INTERPOL, as referred to in Article 12(2), has been concluded and irrespective of whether it is possible to query Interpol’s databases.entered into force.
Amendment 109 #
Proposal for a regulation
Article 1 – paragraph 13 a (new)
Article 1 – paragraph 13 a (new)
Regulation (EU) 2018/1240
Article 89 – paragraph 2 (new)
Article 89 – paragraph 2 (new)
(13 a) Article 89 is amended as follows: (a) paragraph 2 is replaced by the following: ‘2. The power to adopt delegated acts referred to in Article 6(4), Article 11(9), Article 11(10), Article 17(3), (5) and (6), Articles 18(4), 27(3), Article 31, Articles 33(2), 36(4), 39(2), 54(2), Article 69(4a), Article 83(1) and (3) and Article 85(3) shall be conferred on the Commission for a period of five years from 9 October 2018. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.’;
Amendment 110 #
Proposal for a regulation
Article 1 – paragraph 13 b (new)
Article 1 – paragraph 13 b (new)
Regulation (EU) 2018/1240
Article 89 – paragraph 3
Article 89 – paragraph 3
Amendment 111 #
Proposal for a regulation
Article 1 – paragraph 13 c (new)
Article 1 – paragraph 13 c (new)
Regulation (EU) 2018/1240
Article 89 – paragraph 6
Article 89 – paragraph 6
Amendment 112 #
Proposal for a regulation
Article 1 – paragraph 13 d (new)
Article 1 – paragraph 13 d (new)
Regulation (EU) 2018/1240
Article 92 – paragraph 5 – point –a
Article 92 – paragraph 5 – point –a
(13 d) (13a) in Article 92(5), the following point is inserted: (-a) the querying of ECRIS-TCN through ETIAS;
Amendment 118 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 18c – paragraph 1
Article 18c – paragraph 1
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 relevant data in VIS in accordance with Article 11(8) of that Regulation.
Amendment 129 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
Regulation (EU) 2017/2226
Article 25a – paragraph 1
Article 25a – paragraph 1
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 data in the EES in accordance with Article 11(8) of that Regulation.
Amendment 131 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
Regulation (EU) 2017/2226
Article 28
Article 28
Data retrieved from the EES pursuant to Articles 24, 25, 26 and 27 may be kept in national files and data retrieved from the EES pursuant to Article 25a may be kept in the ETIAS application files only where necessary in an individual case, in accordance with the purpose for which they were retrieved, and in accordance with relevant Union law, in particular on data protection, and for no longer than strictly necessary infor that individual case.;
Amendment 133 #
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
Regulation (EU) 2018/1861
Article 36a – paragraph 1
Article 36a – paragraph 1
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 relevant data entered in SIS. The provisions of Article 36(4)-(8) apply to this access and search.