6 Amendments of Kinga GÁL related to 2016/0409(COD)
Amendment 205 #
Proposal for a regulation
Recital 23
Recital 23
(23) SIS should contain alerts on missing persons to ensure their protection or to prevent threats to public security. Issuing an alert in SIS for children at risk of abduction (i.e. in order to prevent a future harm that has not yet taken place as in the case of children who are at risk of parental abduction) should be limited, therefore it is appropriate to provide for strict and appropriate safeguards. In cases of children, these alerts and the corresponding procedures should serve the best interests of the child having regard to Article 24 of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child of 20 November 1989.
Amendment 209 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) Assessing risk should be seen as integral to the investigation into the disappearance of a person and will indicate the seriousness and urgency of the case. The level of seriousness and urgency has to be established by competent authorities so one can decide whether or not to issue a preventive alert.
Amendment 213 #
Proposal for a regulation
Recital 23 b (new)
Recital 23 b (new)
(23 b) The level of risk to which a missing person is exposed must be understood and can be done by assessing their personal circumstances and the environment to which they are exposed. The two combined will indicate how significant the risk is. It is up to the competent authority to determine the level of risk and based on the level of risk whether or not to issue a preventive alert.
Amendment 360 #
Proposal for a regulation
Article 32 – paragraph 2 – point c
Article 32 – paragraph 2 – point c
(c) (c) children at risk of abduction in accordance with paragraph 43(b), i.e. in order to prevent a future harm that has not yet taken place.
Amendment 367 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. (a) Paragraph 2(a) shall apply in particular to children and to persons who have to be interned following a decision by a competent authority. (b) Paragraph 2c shall apply to children at risk under the following conditions: (i) An alert on a child referred to in paragraph 2c shall be entered at the request of the competent authority of the Member State where the child has gone missing. (ii) The assessment whether a missing child is at risk, should be determined by competent authorities. Following this risk assessment, protocols and tools should support the necessary action to be taken, as included in the alert.
Amendment 372 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. An alert on a child referred to in paragraph 2(c) shall be entered at the request of therequested and ruled by a competent judicial authority of the Member State that has jurisdiction in matters of parental responsibility in accordance with Council Regulation No 2201/200374 where a concrete and apparent risk exists that the child may be unlawfully and imminently removed from the Member State where that competent judicial authority is situatedin accordance with Council Regulation No 2201/200374. In Member States which are party to the Hague Convention of 19 October 1996 on Jurisdiction, Applicable law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children and where Council Regulation No 2201/2003 does not apply, the provisions of the Hague Convention are applicable. _________________ 74 Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).