21 Amendments of Rob ROOKEN related to 2020/0350(COD)
Amendment 45 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Schengen Information System (‘SIS’) constitutes an essentialimportant tool for maintaining a high level of security within the area of freedom, security and justice of the Union by supporting operational cooperation between national competent authorities, in particular border guards, the police, customs authorities, immigration authorities, and authorities responsible for the prevention, detection, investigation or prosecution of criminal offences or execution of criminal penalties. Regulation (EU) 2018/1862 of the European Parliament and of the Council28 constitutes the legal basis for SIS in respect of matters falling within the scope of Chapters 4 and 5 of Title V of Part Three of the Treaty on Functioning of the European Union (TFEU). _________________ 28 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 50 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to bridge the gap in information sharing on serious crime and terrorism, in particular on foreign terrorist fighters – where the monitoring of their movement is, apprehension and prosecution are crucial – it is necessary to ensure Europol is able to make this information available directly and in real- time to front- line officers in Member States.
Amendment 52 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 54 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Given the lack of democratic oversight over Europol, it is not desirable to enable Europol itself to establish SIS rules. That does not diminish the importance of SIS. It is up to Europol to adequately share the information it obtains through third parties with the Member States concerned.
Amendment 55 #
Proposal for a regulation
Recital 7
Recital 7
(7) To that end, a specific category of alert should be created in SIS, to be issued exclusivelyallowing the competent authorities of the Member States to report that the alert has been initiated by Europol, in order to inform end-users carrying out a search in SIS that the person concerned is suspected of being involved in a criminal offence in respect of which Europol is competent, and in order for Europol to obtain confirmation that the person who is subject to the alert has been located.
Amendment 60 #
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, 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 accuracin order to vouch for the reliability of the information it delivers 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 61 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 65 #
Proposal for a regulation
Recital 10
Recital 10
(10) Europol should keep records of the individual assessment of each case, which in respect of which it requests an alert from the competent authorities of the Member States, and this 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 upon request, so that they can be used for monitoring processing operations.
Amendment 67 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 71 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 75 #
Proposal for a regulation
Recital 14
Recital 14
(14) Since the objectives of this Regulation, namely the establishment and regulation of a specific alert category issued by the Member States at the instigation of Europol in SIS in order to exchange information on persons who represent a threat to the internal security of the European Union, cannot be sufficiently achieved by the Member States, but can rather, by reason of their nature be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 84 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Chapter IXa – Title
Chapter IXa – Title
Alerts entered byat the instigation of Europol on persons of interest
Amendment 86 #
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 prequest the competent authorities of the Member States to enter alerts on persons in SIS and introduce a special category indicating that the alert concerned was initiated by Europose ofl. The aim of this shall be to informing end- users carrying out a search in SIS of the suspected involvement of those persons 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 89 #
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 onrequest the competent authorities of a Member State to enter an alert in SIS and introduce the special category in respect of persons who are third-country nationals on the basis of information received from a third country 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 97 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 3 – introductory part
Article 37a – paragraph 3 – introductory part
3. Europol may only enter anrequest competent authorities to enter a Europol- instigated alert in SIS after it has ensured all of the following:
Amendment 103 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 3 – point d
Article 37a – paragraph 3 – point d
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 4
Article 37a – paragraph 4
4. Europol shall keep detailed records relating to the entry of thean alert in SIS that has been initiated by Europol, and is registered as such in the relevant category, and the grounds for such entry to permit verification of compliance with the substantive and procedural requirements laid down in paragraphs 1, 2 and 3. Such records shall be available for the European Data Protection Supervisor on request.
Amendment 112 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 5
Article 37a – paragraph 5
5. Europol shall inform all Member States of the entry of thean alert in SIS that has been registered in the Europol- instigated category through the exchange of supplementary information in accordance with Article 8 of this Regulation.
Amendment 114 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 6
Article 37a – paragraph 6
Amendment 117 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
1. In the event of a hit on an alert enregistered byin the Europol-instigated category, the executing Member State shall:
Amendment 124 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37b – paragraph 1 – point b
Article 37b – paragraph 1 – point b
(b) in accordance with national law, decide whether it is necessary to take any further measures.Does not affect the English version.)