10 Amendments of Louis MICHEL related to 2016/0357(COD)
Amendment 81 #
Proposal for a regulation
Recital 21
Recital 21
(21) The assessement of such risks cannot be carried out without processing the personal data listed in recital (16). Each item of personal data in the applications should be compared with the data present in a record, file or alert registered in an information system (the Schengen Information System (SIS), the Visa Information System (VIS), the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD), the Entry/Exit System (EES), the Eurodac, the European Criminal Records Information System (ECRIS) and/or the Interpol Travel Documents Associated with Notices database (Interpol TDAWN)) including the Yellow Notices that could help locate missing persons, or against the ETIAS watchlists, or against specific risk indicators. The categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems, the ETIAS watchlist or the specific risk indicators.
Amendment 86 #
Proposal for a regulation
Recital 34
Recital 34
(34) Access to the information contained in ETIAS is necessary to prevent, detect and investigate terrorist offences as referred to in Council Framework Decision 2002/475/JHA26 or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA27 . In a specific investigation and in order to establish evidence and information related to a person suspected of having committed a crime or a victim of a crime, law enforcement authorities may need access to the data generated by ETIAS. The data stored in ETIAS may also be necessary to identify the perpetrator of a terrorist offence or other serious criminal offences, especially when urgent action is needed. Access to the ETIAS for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences constitutes an interference with the fundamental rights to respect for the, in particular with the right to private life of individuals and the right to protection of personal data of persons whose personal data are processed in the ETIAS. Therefore, the data in ETIAS should be retained and made available to the designated authorities of the Member States and the European Police Office ('Europol'), subject to the strict conditions set out in this Regulation in order for such access to be limited to what is strictly necessary for the prevention, detection and investigation of terrorist offences and serious criminal offences in accordance with the requirements notably laid down in the jurisprudence of the Court, in particular in the Digital Rights Ireland case28 . _________________ 26 Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p.6). 27 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member State (OJ L 190, 18.7.2002, p. 1). 28 Judgment of the Court (Grand Chamber) of 8 April 2014 in joined cases C-293/12 and C-594/12 Digital Rights Ireland Ltd, ECLI:EU:C:2014:238.
Amendment 89 #
Proposal for a regulation
Recital 47
Recital 47
(47) Strict access rules to the ETIAS Central System and the necessary safeguards should be established. The collection, storage and use of the data acquired under ETIAS shall in every case comply with the EU Charter of Fundamental Rights. It is also necessary to provide for individuals' rights of access, correction, deletion and redress, in particular the right to a judicial remedy and the supervision of processing operations by public independent authorities.
Amendment 101 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) support the objectives of the Schengen Information System (SIS) related to the alerts in respect of persons wanted for arrest or for surrender or extradition purposes, on missing persons in particular children, on persons sought to assist with a judicial procedure and on persons for discreet checks or specific checks;
Amendment 108 #
Proposal for a regulation
Article 15 – paragraph 2 – point k
Article 15 – paragraph 2 – point k
(k) for minors, surname and, first name(s), e-mail address or phone number and home address of the applicant's parental authority or legal guardian;
Amendment 115 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point m
Article 18 – paragraph 2 – subparagraph 2 – point m
(m) whether the travel document used for the application corresponds to a travel document recorded in a file in the Interpol TDAWN, including the Yellow Notices that could help locate missing persons;
Amendment 116 #
Proposal for a regulation
Article 18 – paragraph 7 – subparagraph 1 – point b
Article 18 – paragraph 7 – subparagraph 1 – point b
(b) an alert in respect of missing persons, in particular children;
Amendment 136 #
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3 a. Safeguards must be established to ensure that personal data that are processed in the ETIAS watchlist are sufficiently protected.
Amendment 137 #
Proposal for a regulation
Article 29 – paragraph 3 b (new)
Article 29 – paragraph 3 b (new)
3 b. Should the grounds for inclusion in the ETIAS watchlist be unjustified, removal from the ETIAS watchlist should be possible at any time .
Amendment 148 #
Proposal for a regulation
Article 66 – paragraph 1 a (new)
Article 66 – paragraph 1 a (new)
1 a. the compliance with its obligations concerning fundamental rights, in particular the obligations under the European Convention on Human Rights (ECHR), the Charter of Fundamental Rights (CFR) and the Convention on the Rights of the Child (CRC);