104 Amendments of Cyrus ENGERER related to 2021/0410(COD)
Amendment 237 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on automated data exchange for police cooperation (“Prüm II”), amending Council Decisions 2008/615/JHA and 2008/616/JHA and Regulations (EU) 2018/1726, 2019/817 and 2019/818 of the European Parliament and of the Council
Amendment 245 #
Proposal for a regulation
Recital 3
Recital 3
(3) The objective of this Regulation is therefore to improve, streamline and facilitate the exchange of criminal informationdata about persons who have been convicted of a serious criminal offence or are reasonably suspected of a serious criminal offence, in the context of an investigation into serious criminal offences, between Member States’ law enforcement authorities, but also with and the European Union Agency for Law Enforcement Cooperation established by Regulation (EU) No 2016/794 of the European Parliament and of the Council30 (Europol) as the Union criminal information hub. _________________ 30 Regulation (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).
Amendment 249 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should lay down the conditions and procedures for the automated transfer of DNA profiles, dactyloscopic data, and certain vehicle registration data, facial images and police records in the context of investigations into serious criminal offences. This should be without prejudice to the processing of any of these data in the Schengen Information System (SIS) or the exchange of supplementary information related to them via the SIRENE bureaux or to the rights of individuals whose data is processed therein.
Amendment 260 #
Proposal for a regulation
Recital 7
Recital 7
(7) By providing for the automated search or comparison of DNA profiles, dactyloscopic data, specific 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 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 262 #
Proposal for a regulation
Recital 8
Recital 8
(8) The Directive (EU) …/… [on information exchange between law enforcement authorities of Member States] provides a coherent Union legal framework to ensure that law enforcement authorities have equivalent access to information held by other Member States when they need it to fight crime and terrorism. To enhance information exchange, that Directive formalises and clarifies the procedures for information sharing between Member States, in particular for investigative purposes, including the role of the ‘Single Point of Contact’ for such exchanges, and making full use of Europol’s information exchange channel SIENA. Any exchange of information beyond what is provided for in this Regulation should be regulated by Directive (EU) …/… [on information exchange between law enforcement authorities of Member States].
Amendment 265 #
Proposal for a regulation
Recital 9
Recital 9
(9) For the automated searching of certain vehicle registration data, Member States should use the European Vehicle and Driving Licence Information System (Eucaris) set up by the Treaty concerning a European Vehicle and Driving Licence Information System (EUCARIS) designed for this purpose. Eucaris should connect all participating Member States in a network. There is no central component needed for the communication to be established as each Member State communicates directly to the other connected Member States. Databases containing information about holders or owners of driving licenses shall be excluded from the scope of this Regulation.
Amendment 271 #
Proposal for a regulation
Recital 10
Recital 10
(10) The identification of a criminal ismay be essential for a successful criminal investigation and prosecution. The automated searching of facial images of suspects and convicted criminalspersons convicted of or reasonably suspected of a serious criminal offence should provide for additional information for successfully identifying criminals and fighting crime.
Amendment 274 #
Proposal for a regulation
Recital 11
Recital 11
(11) The automated search or comparison of biometric data (DNA profiles, dactyloscopic data and facial images) between authorities responsible for the prevention, detection and investigation of criminal offences under this Regulation should only concern data contained in databases established for the prevention, detection and investigation of serious criminal offences.
Amendment 284 #
Proposal for a regulation
Recital 13
Recital 13
(13) In recent years, Europol has received a large amount of biometric data of suspected and convicted terrorists and criminals from several third countries. Including third country-sourced data stored at Europol in the Prüm framework and thus making this data available to law enforcement authorities is necessarymay be helpful for better prevention and investigation of serious criminal offences. It also contributes to building synergies between different law enforcement tool but should also be critically assessed to avoid use of it if it has been provided to intentionally incriminate innocent persons.
Amendment 286 #
Proposal for a regulation
Recital 14
Recital 14
(14) Europol should be able to search Member States’ databases under the Prüm framework with data received from third countries in order to establish cross-border links between cases of serious criminal casoffences. Being able to use Prüm data, next to other databases available to Europol, should allow establishing more complete and informed analysis on the criminal investigations and should allow Europol to provide better support to Member States’ law enforcement authorities. In case of a match between data used for the search and data held in Member States’ databases, Member States may supply Europol with the information necessary for it to fulfil its tasks.
Amendment 291 #
Proposal for a regulation
Recital 15
Recital 15
(15) Decisions 2008/615/JHA and 2008/616/JHA provide for a network of bilateral connections between the national databases of Member States. As a consequence of this technical architecture, each Member State should establish at least 26 connections, that means a connection with each Member State, per data category. The router and the European Police Records Index System (EPRIS) established by this Regulation should simplify the technical architecture of the Prüm framework and serve as connecting points between all Member States. The router should require a single connection per Member State in relation to biometric data and EPRIS should require a single connection per Member State in relation to police records of serious criminal offences.
Amendment 293 #
Proposal for a regulation
Recital 16
Recital 16
(16) The router should be connected to the European Search Portal established by Article 6 of Regulation (EU) 2019/817 of the European Parliament and of the Council34 and Article 6 of Regulation (EU) 2019/818 of the European Parliament and of the Council35 to allow Member States’ authorities and Europol to launch queries to national databases under this Regulation simultaneously to queries to the Common Identity Repository established by Article 17 of Regulation (EU) 2019/817 and Article 17 of Regulation (EU) 2019/818 for law enforcement purposinvestigations into serious criminal offences. _________________ 34 Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, p. 27). 35 Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, p. 85).
Amendment 296 #
Proposal for a regulation
Recital 17
Recital 17
(17) In case of a match between the data used for the search or comparison and data held in the national database of the requested Member State(s), and upon confirmation of this match by the requesting Member State, the requested Member State should return a limited set of core data via the router within 248 hours. The deadline would ensure fast communication exchange between Member States’ authorities. Member States should retain control over the release of this limited set of core data. A certain degree of hHuman intervention should be maintained at key points in the process, including for the decision to release personal data to the requesting Member State in order to ensure that there would be no automated exchange of corepersonal data.
Amendment 297 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 300 #
Proposal for a regulation
Recital 19
Recital 19
(19) The universal message format (UMF) standard should be used in the development of the router and EPRIS. Any automated exchange of data in accordance with this Regulation should use the UMF standard. Member States’ authorities and Europol are encouraged to use the UMF standard also in relation to any further exchange of data between them in the context of the Prüm II framework. The UMF standard should serve as a standard for structured, cross- border information exchange between information systems, authorities or organisations in the field of Justice and Home Affairs.
Amendment 302 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
Amendment 303 #
Proposal for a regulation
Recital 20 b (new)
Recital 20 b (new)
(20 b) When considering, implementing or adjusting the connection of databases to the Router, EPRIS or EUCARIS, Member States should take note of developing case law from the European Court of Justice on the interpretation of strict necessity in relation to the use of biometric databases.
Amendment 304 #
Proposal for a regulation
Recital 20 c (new)
Recital 20 c (new)
Amendment 306 #
Proposal for a regulation
Recital 21
Recital 21
(21) Certain aspects of the Prüm II framework cannot be covered exhaustively by this Regulation given their technical, highly detailed and frequently changing nature. Those aspects include, for example, technical arrangements and specifications for automated searching procedures, the standards for data exchange and the data elements to be exchanged. In order to ensure uniform conditions for the implementation of this Regulation implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.36 _________________ 36 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 314 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a framework for the exchange of information between authorities responsible for the prevention, detection and investigation of serious criminal offences (Prüm II).
Amendment 315 #
This Regulation lays down the conditions and procedures for the automated searching of DNA profiles, dactyloscopic data, facial images, police records and certain vehicle registration data of persons convicted of or reasonably suspected of a serious criminal offence and the rules regarding the exchange of core data following a match.
Amendment 321 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
The purpose of Prüm II shall be to step up cross-border cooperation in matters covered by Part III, Title V, Chapter 5 of the Treaty on the Functioning of the European Union, particularly the exchange of information between authorities responsible for the prevention, detection and investigation of serious criminal offences. in full respect of human dignity and integrity and other fundamental rights, including the right to respect for one's private life and to the protection of personal data, in accordance with the Charter of Fundamental Rights of the European Union.
Amendment 329 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
This Regulation applies to the national databases used for the automated transfer of the categoriesprocessing of DNA profiles, dactyloscopic data, facial images, police records and certain vehicle registration data of persons who have been convicted of a serious criminal offence or are reasonably suspected of a serious criminal offence.
Amendment 335 #
Proposal for a regulation
Article 4 – paragraph 1 – point 9
Article 4 – paragraph 1 – point 9
(9) ‘individual case’ means a single investigation file into one or more persons who have been convicted of a serious criminal offence or are reasonably suspected of a serious criminal offence in accordance with this Regulation;
Amendment 350 #
Proposal for a regulation
Article 4 – paragraph 1 – point 16
Article 4 – paragraph 1 – point 16
(16) ‘police records’ means any information available in the national register or registers recording data of comof competent authorities recording data on persons convicted of or reasonably suspectent authorities,d of a serious criminal offence for the prevention, detection and investigation of serious criminal offences;
Amendment 354 #
Proposal for a regulation
Article 4 – paragraph 1 – point 18 a (new)
Article 4 – paragraph 1 – point 18 a (new)
(18 a) 'Serious criminal offence' means an offence within the meaning of Article 2(2) of Council Framework Decision 2002/584/JHA, which is punishable in the requesting Member State by a custodial sentence or a detention order for a maximum period of at least five years.
Amendment 362 #
Proposal for a regulation
Chapter 2 – title
Chapter 2 – title
2 EXCHANGE OF DATA OF PERSONS CONVINCTED OF OR REASONABLY SUSPECTED OF A SERIOUS CRIMINAL OFFENCE IN THE CONTEXT OF INVESTIGATIONS INTO SERIOUS CRIMINAL OFFENCES
Amendment 363 #
Proposal for a regulation
Chapter 2 – Section 1 – title
Chapter 2 – Section 1 – title
1 DNA profiles of persons convicted of or reasonably suspected of a serious criminal offence
Amendment 368 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall open and keep national DNA analysis files for the investigation of serious criminal offences.
Amendment 378 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 382 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall allow national contact points referred to in Article 29 and Europol access to the DNA reference data in their DNA analysis files, to conduct automated searches by comparing DNA profiles for the investigation of serious criminal offences.
Amendment 387 #
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 ta notification of a potential match. When the search shows that a supplied DNA profile matches DNA reference data with which a match has been found. (Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent criminal offencprofiles entered in the requested Member State’s searched file, the national contact point of the requested Member State shall ensure a human review is conducted to assess the quality, accuracy and veracity of the DNA reference data and the protection of fundamental rights and freedoms of the data subject pursuant to Directive (EU) 2016/680. When the human review shows sharing DNA reference data disproportionately infringes the rights and freedoms of the data subject or if sharing may harm ongoing investigations, the requested Member State may refuse to share the DNA reference data. The justification for such refusals must be provided promptly to the requesting Member State. Or. en authorities for the execution of criminal penalties, and on the free movement of suchpurposes of the prevention, investigation, detection or prosecution of data, and repealing Council Framework Decision 2008/977/JHA)
Amendment 401 #
Proposal for a regulation
Article 7
Article 7
Amendment 410 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Each Member State shall inform the Commission and eu-LISA of the national DNA analysis files, to which Articles 5 to 7and 6 apply, in accordance with Article 73.
Amendment 416 #
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 423 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Automated notification 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 426 #
Proposal for a regulation
Chapter 2 – Section 2 – title
Chapter 2 – Section 2 – title
2 Dactyloscopic data of persons convicted of or reasonably suspected of a serious criminal offence
Amendment 428 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure the availability of dactyloscopic reference data from the file for the national automated fingerprint identification systems established for the prevention, detection and investigation of serious criminal offences.
Amendment 430 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 432 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. For the prevention, detection and investigation of serious criminal offences, Member States shallmay allow national contact points of other Member States and Europol access to the dactyloscopic reference data in the automated fingerprint identification systems which they have established for that purpose, to conduct automated searches by comparing dactyloscopic reference data.
Amendment 437 #
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 automated supply of the dactyloscopic reference data required for confirming a match. Should a search show that supplied dactyloscopic reference data matches dactyloscopic reference data required for confirming a match. entered in the requested Member State's searched, the national contact point of the requesting Member State shall receive a notification of a potential match. The national contact point of the requested Member State shall ensure a human review is conducted to assess the quality, accuracy and veracity of the data, the existence of a confirmed match and the protection of fundamental rights and freedoms of the data subject pursuant to Directive (EU) 2016/680. When these conditions are met, the requesting Member State shall receive a list composed of matches concerning likely candidates. Should a human review show sharing the data disproportionately infringes the rights and freedoms of the data subject or if sharing may harm ongoing investigations, the requested Member State may refuse to share the concerned data. The justification for such refusals must be provided promptly to the requesting Member State.
Amendment 454 #
Proposal for a regulation
Chapter 2 – Section 3 – title
Chapter 2 – Section 3 – title
3 VCertain vehicle registration data of persons convicted of or reasonably suspected of a serious criminal offence
Amendment 455 #
Proposal for a regulation
Chapter 2 – Section 3 – title
Chapter 2 – Section 3 – title
3 VCertain vehicle registration data of persons convicted of or reasonably suspected of a serious criminal offence
Amendment 456 #
Proposal for a regulation
Article 18 – title
Article 18 – title
Amendment 459 #
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. For the prevention, detection and investigation of serious criminal offences, Member States shall allow national contact points of other Member States and Europol access to the following national vehicle registration data, to conduct automated searches in individual cases:
Amendment 461 #
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) Certain data relating to owners or operators;
Amendment 464 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Searches may be conducted only with a full chassis number or a full registration number. Should a search show that supplied vehicle data matches data entered in the requested Member State's searched, the national contact point of the requesting Member State shall receive a notification of a potential match. The national contact point of the requested Member State shall ensure a human review is conducted to assess the quality, accuracy and veracity of the data, the existence of a confirmed match and the protection of fundamental rights and freedoms of the data subject pursuant to Directive (EU) 2016/680. Should a human review show sharing the data disproportionately infringes the rights and freedoms of the data subject or if sharing may harm ongoing investigations, the requested Member State may refuse to share the concerned data. The justification for such refusals must be provided promptly to the requesting Member State.
Amendment 466 #
Proposal for a regulation
Article 19 – title
Article 19 – title
Principles of automated searching of vehicle registration data
Amendment 467 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. For automated searching of vehicle registration data Member States shall use the European Vehicle and Driving Licence Information System (Eucaris).
Amendment 483 #
Proposal for a regulation
Chapter 2 – Section 4 – title
Chapter 2 – Section 4 – title
4 Facial images of persons convicted of or reasonably suspected of a serious criminal offence
Amendment 488 #
Proposal for a regulation
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
1. Member States shall ensure the availability of facial images from their national databases established for the prevention, detection and investigation of serious criminal offences. Those data shall only include facial images and the reference number referred to in Article 23, and shall indicate whether the facial images are attributed to an individual or notof persons convicted of or reasonably suspected of a serious criminal offence and the reference number referred to in Article 23.
Amendment 495 #
Proposal for a regulation
Article 22 – title
Article 22 – title
Amendment 498 #
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. For the prevention, detection and investigation of serious criminal offences, Member States shall allow national contact points of other Member States and Europol access to facial images stored in their national databases, to conduct automated searches.
Amendment 502 #
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 State shall review the list to determine the existence of a confirmed match. Should a search show that a supplied facial image matches one or multiple facial images entered in the requested Member State's searched, the national contact point of the requesting Member State shall receive a notification of a potential match. The national contact point of the requested Member State shall ensure a human review is conducted to assess the quality, accuracy and veracity of the data, the existence of a confirmed match and the protection of fundamental rights and freedoms of the data subject pursuant to Directive (EU) 2016/680. When these conditions are met, the requesting Member State shall receive a list composed of matches concerning likely candidates. Should a human review show sharing the facial images disproportionately infringes the rights and freedoms of the data subject or if sharing may harm ongoing investigations, the requested Member State may refuse to share the concerned images. The justification for such refusals must be provided promptly to the requesting Member State.
Amendment 512 #
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. A request for an automated search shall include only the following information:
Amendment 517 #
Proposal for a regulation
Chapter 2 – Section 5 – title
Chapter 2 – Section 5 – title
5 Police records of persons convicted of or reasonably suspected of a serious criminal offence
Amendment 520 #
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. Member States may decide to participate in the automated exchange of police records of persons convicted of or reasonably suspected of a serious criminal offence. Member States participating in the automated exchange of police records shallmay ensure the availability of biographical data of suspects and criminals from their national police records indexes established for the investigation of serious criminal offences. This set of data, if available, shall contain the following data:
Amendment 528 #
Proposal for a regulation
Article 26 – title
Article 26 – title
Amendment 529 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. For the investigation of serious criminal offences, Member States shall allow national contact points of other Member States and Europol access to data from their national police records indexes of persons convicted of or reasonably suspected of a serious criminal offence, to conduct automated searches.
Amendment 533 #
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. TShould a search show that a supplied data matches data entered in the requestinged Member State shall receive the list of matches with an indication of the quality of the matches. (Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offence's searched file, the national contact point of the requesting Member State shall receive a notification of a potential match. When the search shows that supplied data matches data entered in the requested Member State’s searched file, the national contact point of the requested Member State shall ensure a human review is conducted to assess the quality, accuracy and veracity of the data, the existence of a confirmed match and the protection of fundamental rights and freedoms of the data subject pursuant to Directive (EU) 2016/680. Should there be a match, the requesting Member State may receive the list of matches with an indication of the quality of the matches. When the human review shows sharing data disproportionately infringes the rights and freedoms orf the execution of criminal penalties, and ondata subject or if sharing may harm ongoing investigations, the free movement of such data, and repealing Council Framework Decision 2008/977/JHA)quested Member State may refuse to share the data. The justification for such refusals must be provided promptly to the requesting Member State. Or. en
Amendment 541 #
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. A request for an automated search shall include only the following information:
Amendment 547 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
Member States and Europol shall observe common technical specifications in connection with all requests and answers related to searches and comparisons of DNA profiles, dactyloscopic data, certain vehicle registration data, facial images and police records. The Commission shall adopt implementing acts to specify these technical specifications in accordance with the procedure referred to in Article 76(2).
Amendment 554 #
Proposal for a regulation
Article 32 – title
Article 32 – title
Availability of automated data exchange at national level
Amendment 555 #
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, certain vehicle registration data, facial images and police records is possible 24 hours a day and seven days a week.
Amendment 563 #
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 564 #
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1
Article 32 – paragraph 2 – subparagraph 1
Amendment 565 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
Amendment 573 #
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) an indication on whether the query concerns a suspect or a perpetrator of a person convicted of or reasonably suspected of a serious criminal offence;
Amendment 586 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
The use of the router shall be reserved to the specific individuals within Member States’ designated authorities that have acfor whom it is necessary to the exchange ofaccess DNA profiles, dactyloscopic data and facial images, and Europol in accordance with this Regulation and Regulation (EU) 2016/794. Member States and Europol shall ensure those persons maintain high professional standards of confidentiality and data protection, are of high integrity and appropriately skilled, including in detecting biases in and in the ethical use of big data sets.
Amendment 596 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. On receiving the request for a query from the router, each requested Member State and Europol shall launch a query of their databases in an automated manner and without delay timely manner.
Amendment 599 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Any matches resulting from the query in each Member States’ databases and Europol data shall be sent back in an automated manner to the routerto the router following a manual review process.
Amendment 602 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. The router shall rank the replies in accordance with the score of the correspondence between the biometric data used for querying and the biometric data stored in the Member States’ databases and Europol data. The ranking process and technology shall be independently verified by, respectively, the European Data Protection Board and the European Data Protection Supervisor to ensure that the thresholds are sufficiently high to ensure accuracy, reasonably minimise the risk of misidentification and prevent discrimination.
Amendment 611 #
Proposal for a regulation
Article 37 – paragraph 6
Article 37 – paragraph 6
6. The Commission shall adopt implementing acts to specify the technical procedure for the router to query Member States’ databases and Europol data, the format of the router replies and the technical rules for scoring the correspondence between biometric data. These implementing acts shall ensure that the thresholds are sufficiently high to ensure accuracy, reasonably minimise the risk of misidentification and prevent discrimination and shall be adopted in accordance with the procedure referred to in Article 76(2).
Amendment 614 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
The requested Member State shall check the quality of the transmitted data by means of a fully automatedmanual procedure.
Amendment 622 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 2
Article 39 – paragraph 2 – subparagraph 2
Simultaneous queries of the Member States’ databases and Europol data and the Common Identity Repository may only be launched in cases where it is likely that data on a suspect, perpetrator or victim of a terrorist offence or other serious criminal offences as defined respectively in Article 4, points 21 and 22, of Regulation (EU) 2019/817 and Article 4, points 21 and 22, of Regulation (EU) 2019/818persons convicted of or reasonably suspected of a serious criminal offence are stored in the Common Identity Repository.
Amendment 646 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. For the automated searching of police records of persons convicted of or reasonably suspected of a serious criminal offence as referred to in Article 26, Member States and Europol shall use the European Police Records Index System (EPRIS).
Amendment 647 #
Proposal for a regulation
Article 42 – paragraph 2 – point a
Article 42 – paragraph 2 – point a
(a) a central infrastructure, including a search tool enabling the simultaneous querying of Member States’ databases; containing data of persons convicted of or reasonably suspected of a serious criminal offence;
Amendment 652 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. On receiving the request for a query from EPRIS, each requested Member State shall launch a query of their national police records index in an automated manner and without delaycontaining data of persons convicted of or reasonably suspected of a serious criminal offence in a timely manner.
Amendment 654 #
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. Any matches resulting from the query in each Member State’s database shall be sent back in an automated manner, after being reviewed by the requested Member State who shall conduct a human review to confirm that the request from the requesting Member State respects the fundamental rights and freedoms of the data subject pursuant to Directive (EU) 2016/680, be sent back to EPRIS.
Amendment 657 #
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. Upon reception of the list of matches, the requesting Member State shall decide the matches for which a follow-up is necessary and send a reasoned follow-up request containing any additional relevant information to the requested Member State(s) via SIENA.
Amendment 658 #
Proposal for a regulation
Article 44 – paragraph 6 – introductory part
Article 44 – paragraph 6 – introductory part
6. The requested Member State(s) shall process such requests without delayin a timely manner to decide whether to share the data stored in their database. Requested Member States may refuse to share the list of matches if they determine that it disproportionately infringes on the rights and freedoms of the data subject or if they determine it to be prejudicial to an ongoing investigation. The justification for such refusals must be provided promptly to the requesting Member State.
Amendment 659 #
Proposal for a regulation
Article 44 – paragraph 6 – subparagraph 1
Article 44 – paragraph 6 – subparagraph 1
Upon confirmation, the requested Member State(s) shall share the data referred to in Article 43 where available. This exchange of information shall take place via SIENA.
Amendment 667 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Where it is technically impossible to use EPRIS to query one or several national databases because of a failure of the infrastructure of Europol, Member States shall be notified in an automated manner by Europol. Europol shall take measures to address the technical impossibility to use EPRIS without delayin a timely manner.
Amendment 668 #
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 delayin a timely manner.
Amendment 676 #
Proposal for a regulation
Article 48
Article 48
Any exchange which is not explicitly provided for in this Regulation between Member States’ competent authorities or with Europol, at any stage of one of the procedures under this Regulation, shall take place viarticle 48 deleted Use of SIENA.
Amendment 685 #
Proposal for a regulation
Article 50 – title
Article 50 – title
Access by Europol to data of persons convicted of or reasonably suspected of a serious criminal offence stored in Member States’ databases
Amendment 687 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. Europol shallmay, in accordance with Regulation (EU) 2016/794, have access to data, which are stored by Member States in their national databases in accordance with this Regulationthe principle of data minimisation and following a thorough human review of the requested Member State to assess the scope of the query and the proper protection of fundamental rights and freedoms of the data subject pursuant to Directive (EU) 2016/680, permit limited access to data of persons convicted of or reasonably suspected of a serious criminal offence for purposes of investigating serious criminal offences, which are stored by Member States in their national databases in accordance with this Regulation. When the human review shows sharing the data disproportionately infringes the rights and freedoms of the data subject or if sharing may harm ongoing investigations, the requested Member State shall refuse to share the data. The justification for such refusals must be provided promptly to Europol.
Amendment 691 #
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. Europol queries performed with specific vehicle registration data as a search criterion shall be carried out using Eucaris.
Amendment 693 #
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
4. Europol queries performed with police records of persons convicted of or reasonably suspected of a serious criminal offence as a search criterion shall be carried out using EPRIS.
Amendment 695 #
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
5. Europol shall carry out the searches in accordance with paragraph 1 only when carrying out its tasks referred to in Regulation (EU) 2016/794 and for purposes of investigation serious criminal offences.
Amendment 699 #
Proposal for a regulation
Article 50 – paragraph 6 – introductory part
Article 50 – paragraph 6 – introductory part
6. Where the procedures referred to in Articles 6, 7, 13 or 22 show a match between the data used for the search or comparison and data held in the national database of the requested Member State(s), and upon confirmation of that match by Europol, the requested Member State shall decide whether to return a set of core data via the router within 24 hoursa timely manner after fulfilment of the human review. That set of core data, if available, shallmay only contain the following data:
Amendment 702 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Processing of personal data by the requesting Member State or Europol shall be permitted solely for the purposes for which the data have been supplied by the requested Member State in accordance with this Regulation. Processing for other purposes shall be permitted solely with the prior authorisation of the requested Member Staterohibited.
Amendment 706 #
Proposal for a regulation
Article 51 – paragraph 2 – point a
Article 51 – paragraph 2 – point a
(a) establish whether the compared DNA profiles, dactyloscopic data, certain vehicle registration data, facial images and police records match;
Amendment 711 #
Proposal for a regulation
Article 51 – paragraph 2 – point b
Article 51 – paragraph 2 – point b
(b) prepare and submit a police request for legal assistance in investigations into serious criminal offences if those data match;
Amendment 715 #
Proposal for a regulation
Article 51 – paragraph 3
Article 51 – paragraph 3
3. The requesting Member State may process the data supplied to it in accordance with Articles 6, 7, 13 or 22 solely where this is strictly necessary for the purposes of this Regulation. The supplied data shall be deleted immediately following data comparison or automated replies to searches unless further processing is necessary by the requesting Member State for the purposes of the prevention, detection and investigation of serious criminal offences.
Amendment 719 #
Proposal for a regulation
Article 51 – paragraph 4 a (new)
Article 51 – paragraph 4 a (new)
Amendment 720 #
Proposal for a regulation
Article 51 – paragraph 4 b (new)
Article 51 – paragraph 4 b (new)
4b. Member States shall ensure that database(s) connected to the Router, EPRIS or Eucaris, contain only the data of persons convicted of or reasonably suspected of a serious criminal offence;
Amendment 721 #
Proposal for a regulation
Article 51 – paragraph 4 c (new)
Article 51 – paragraph 4 c (new)
4c. Member States shall ensure that data in any database(s) connected to the Router, EPRIS or Eucaris are removed within 3 months of the person’s acquittal or a decision not to charge, except where there is a specific basis in national law for the retention of data in specific circumstances beyond 3 months.
Amendment 722 #
Proposal for a regulation
Article 51 – paragraph 4 d (new)
Article 51 – paragraph 4 d (new)
4d. Member States shall ensure that persons are informed of their inclusion in the database and their rights of redress, except where this will be prejudicial to an ongoing investigation of a serious criminal offence.
Amendment 723 #
Proposal for a regulation
Article 51 – paragraph 4 e (new)
Article 51 – paragraph 4 e (new)
4e. Member States shall report annually to the European Commission on the following anonymised statistics: (a) The number of persons whose data are held in each connected database; (b) The proportion of persons whose data are held in each connected database that are suspected, and how many convicted; (c) The types of crimes that the persons whose data are held in each connected database are suspected of or have committed, as proportions of the overall database.
Amendment 724 #
4f. The Commission shall, in close cooperation with the European Data Protection Board and the European Data Protection Supervisor and the Fundamental Rights Agency, make available guidelines on the implementation of Directive (EU) 2016/680 in the context of criminal databases and the cross-border exchange of data, in particular concerning accuracy, strict necessity, and ensuring respect for the right to data protection. The Commission shall adopt the practical handbook in the form of a recommendation.
Amendment 803 #
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
The Commission shall, in close cooperation with the Member States, Europol and, eu-LISA, the European Data Protection Board and the European Data Protection Supervisor make available a practical handbook for the implementation and management of this Regulation. The practical handbook shall provide technical and operational guidelines, recommendations and best practices. The Commission shall adopt the practical handbook in the form of a recommendation.
Amendment 817 #
Proposal for a regulation
Article 79 – paragraph 7 – point d a (new)
Article 79 – paragraph 7 – point d a (new)
(da) a detailed response to a preceding consultation of the European Data Protection Board, the European Data Protection Supervisor and the Fundamental Rights Agency.
Amendment 820 #
Proposal for a regulation
Article 79 – paragraph 9
Article 79 – paragraph 9
9. The Member States shall provide Europol and the Commission with the information necessary to draft the reports referred to in paragraphs 3 and 6. This information shall not jeopardise working methods or include information that reveals sources, staff members or investigations of the designated authorities.