Activities of Dragoş TUDORACHE related to 2020/0350(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council Amending Regulation (EU) 2018/1862 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters as regards the entry of alerts by Europol
Amendments (12)
Amendment 46 #
Proposal for a regulation
Recital 3
Recital 3
(3) The European Union Agency for Law Enforcement Cooperation (Europol), established by Regulation (EU) 2016/794 of the European Parliament and of the Council29 , plays an important role in the use of SISleveraging SIS to combat serious crime and terrorism and in the exchange of supplementary information with Member States on SIS alerts. Nevertheless, according to existing rules, alerts in SIS can only be issued by Member States’ competent authorities. _________________ 29Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53–114).
Amendment 59 #
Proposal for a regulation
Recital 8
Recital 8
(8) In order to assess whether a concrete case is adequate, relevant and important enough to warrant the entry of an alert in SIS, and in order to confirm the reliability of the source of information and the accuracy of the information on the person concerned, Europol should carry out a detailed individual assessment of each case including further consultations with the third country or international organisation that shared the data on the person concerned, consultation with Member States, as well as further analysis of the case, in particular by cross checking it against information it already holds in its databases, to confirm the accuracy of the information and complement it with other data on the basis of its own databases. The detailed individual assessment should include the analysis of whether there are sufficient grounds for considering that the person has committed or taken part in, or will commit a criminal offence in respect of which Europol is competent.
Amendment 66 #
Proposal for a regulation
Recital 10
Recital 10
(10) Europol should keep records of the individual assessment of each case, which should include the grounds for entering the alert, for the purposes of verifying the lawfulness of the data processing, self- monitoring and ensuring proper data integrity and security. In accordance with Regulation (EU) 2016/794, Europol should co-operate with the European Data Protection Supervisor and make these records available to the EDPS upon request, so that they can be used for monitoring processing operations.
Amendment 70 #
Proposal for a regulation
Recital 11
Recital 11
(11) It is necessary to establish rules concerning the deletion of alerts entered in SIS by Europol. An alert should be kept only for the time required to achieve the purpose for which it was entered. It is therefore appropriate to set out detailed criteria to determine when the alert should be deleted. An alert entered by Europol in SIS should be deleted in particular if a Member State objects, another alert is entered in SIS by a Member State on the same person, or if Europol becomes aware that the information received from the third country or international organisation was incorrect or was communicated to Europol for unlawful purposes, for example if sharing the information on the person was motivated by political reasons.
Amendment 80 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EU) 2018/ 1862
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Where a Member State considers that to give effect to an alert entered in accordance with Article 26, 32, 36 or 37a is incompatible with its national law, its international obligations or essential national interests, it may require that a flag be added to the alert, after providing justification for the request, to the effect that the action to be taken on the basis of the alert will not be taken in its territory. Flags on alerts entered in accordance with Article 26, 32 or 36 shall be added by the SIRENE Bureau of the issuing Member State, flags on alerts entered in accordance with Article 37a shall be added by Europol.
Amendment 87 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/ 1862
Article 37a – paragraph 1
Article 37a – paragraph 1
1. Europol may enter alerts on persons in SIS for the purpose of informing end- users carrying out a search in SIS of the suspected involvement of those personthird- country nationals in a criminal offence in respect of which Europol is competent in accordance with Article 3 of Regulation (EU) 2016/794, as well as for the purpose of obtaining information in accordance with Article 37b of this Regulation that the person concerned has been located.
Amendment 91 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 2 – introductory part
Article 37a – paragraph 2 – introductory part
2. Europol may only enter an alert in SIS on persons who are third-country nationals on the basis of information received from a third country referred to in Article 25 (1) of Regulation 2016/794 or an international organisation in accordance with Article 17(1)(b) of Regulation (EU) 2016/794, where the information relates to one of the following:
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 2 – point a
Article 37a – paragraph 2 – point a
(a) personthird country nationals who are suspected of having committed or taken part in a criminal offence in respect of which Europol is competent in accordance with Article 3 of Regulation (EU) 2016/794, or who have been convicted of such an offence;
Amendment 94 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 2 – point b
Article 37a – paragraph 2 – point b
(b) personthird-country nationals regarding whom there are factual indications or reasonable grounds to believe that they will commit criminal offences in respect of which Europol is competent in accordance with Article 3 of Regulation (EU) 2016/794.
Amendment 139 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation EU 2018/ 1862
Article 53 – paragraph 5a
Article 53 – paragraph 5a
5a. Europol may enter an alert on a personthird-country national for the purposes of Article 37a (1) for a period of one year. Europol shall review the need to retain the alert within that period. Europol shall, where appropriate, set shorter review periods.
Amendment 142 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Regulation EU 2018/ 1862
Article 53 – paragraph 7
Article 53 – paragraph 7
7. Alerts on personthird country nationals shall be deleted automatically after the review period referred to in paragraphs 2, 3, 4, 5 and 5a has expired, except where the issuing Member State or in the case of alerts entered in SIS pursuant to Article 37a of this Regulation Europol, has informed CS- SIS of an extension pursuant to paragraph 6 of this Article. CS-SIS shall automatically inform the issuing Member State or Europol of the scheduled deletion of data four months in advance.
Amendment 161 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation EU 2018/ 1862
Article 68 – paragraph 4 – subparagraph 1 – introductory part
Article 68 – paragraph 4 – subparagraph 1 – introductory part
(4) Member States and Europol shall report annually to the European Data Protection Board and the European Parliament on: