[ParlTrack]

Draft legislative resolution
Paragraph 1

1. ~~Adopts its position at first reading hereinafter set out~~Rejects the Commission proposal;

2017/01/17
Committee: LIBE

Draft legislative resolution
Paragraph 2

2. Calls on the Commission to ~~refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text~~withdraw its proposal;

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 8

(8) The EES should apply to third country nationals admitted for a short stay to the Schengen area. ~~It should also apply to third country nationals whose entry for a short stay has been refused.~~

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 9

(9) The EES should have the objective of improving the management of external borders~~, preventing irregular immigration~~ and facilitating the management of migration flows. The EES should, in particular and when relevant, contribute to the identification of any person who does not or no longer fulfils the conditions of duration of stay within the territory of the Member States.

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 10

(10) To meet those objectives, the EES should process alphanumeric data and biometric data (~~fingerprints and~~ facial image). The use of biometrics, despite its impact on the privacy of travellers, is justified for two reasons. Firstly, biometrics are a reliable method to identify third country nationals within the territory of the Member States not in possession of travel documents or any other means of identification~~, a common modus operandi of irregular migrants~~. Secondly, biometrics provide for the more reliable matching of entry and exit data of legal travellers. Where facial images are used ~~in combination with fingerprint data~~, it allows for the reduction of fingerprints registered while enabling the same result in terms of accuracy of the identification.

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 11

(11) Four fingerprints of visa exempt third country nationals should be enrolled in the EES, if physically possible, to allow for accurate verification and identification (ensuring that the third country national is not already enrolled under another identity or with another travel document) and to guarantee that sufficient data is available in every circumstance. The check of the fingerprints of visa holders will be done against the Visa Information System. (VIS) established by Council Decision 2004/512/EC21. The facial image of both visa exempt and visa holding third country nationals should be registered in the EES and it should be used as the main biometric identifier for verifying the identity of third country nationals who have been previously registered in the EES and for as long as their individual file has not been deleted. Alternatively, that verification should be performed using fingerprints. _________________ 21Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004, p.5).

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 13

(13) Interoperability should be established between the EES and the VIS by way of a direct communication channel between the Central Systems to enable the border authorities using the EES to consult the VIS in order to retrieve visa-related data to create or update the individual file; to enable the border authorities to verify the validity of the visa and the identity of a visa holder by means of fingerprints directly against the VIS at the external borders and to enable the border authorities to verify the identity of visa exempt third country nationals against the VIS with fingerprints. Interoperability should also enable the border authorities using the VIS to directly consult the EES from the VIS for the purposes of examining visa applications and decisions relating to those applications and enable visa authorities to update the visa-related data in the EES in the event that a visa is annulled, revoked or extended. Regulation (EC) No 767/2008/EC of the European Parliament and of the Council22 should be amended accordingly. _________________ 22 Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p.60).

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 15

(15) Any processing of EES data should be proportionate to the objectives pursued and necessary for the performance of tasks of the competent authorities. When using the EES, the competent authorities should ensure that the human dignity and integrity of the person, whose data are requested, are respected and should not discriminate against persons on grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 16

(16) In the fight against terrorist offences and other serious criminal offences, it is imperative that law enforcement authorities have the most up- to-date information if they are to perform their tasks. Access to VIS data for law enforcement purpose has already proven its usefulness in identifying people who died violently or for helping investigators to make substantial progress in cases related to human being trafficking, terrorism or drug trafficking. Access to the information contained in the EES is necessary to prevent, detect and investigate terrorist offences as referred to in Council Framework Decision 2002/475/JHA23 or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA24. The data generated by the EES may be used as an identity verification tool both in cases where the third country national has destroyed his/her documents and where law enforcement authorities are investigating a crime through the use of fingerprints or facial image and wish to establish an identity. It may also be used as a criminal intelligence tool to construct evidence by tracking the travel routes of a person suspected of having committed a crime or a victim of crime. Therefore, the data in the EES should be available, to the designated authorities of the Member States and the European Police Office ('Europol'), subject to the conditions set out in this Regulation. _________________ 23Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p.6). 24Council 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)deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 17

(17) Moreover, Europol plays a key role with respect to cooperation between Member States’ authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. Consequently, Europol should also have access to the EES within the framework of its tasks and in accordance with Council Decision 2009/371/JHA.25 _________________ 25Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 18

(18) Access to the EES 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 private life of individuals and to protection of personal data of persons whose personal data are processed in the EES. Any such interference must be in accordance with the law, which must be formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise. Any interference must be necessary in a democratic society to protect a legitimate and proportionate interest and proportionate to the legitimate objective to achieve.deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 19

(19) Comparisons of data on the basis of a latent fingerprint, which is the dactyloscopic trace which may be found at a crime scene, is fundamental in the field of police cooperation. The possibility to compare a latent fingerprint with the fingerprint data which is stored in the EES in cases where there are reasonable grounds for believing that the perpetrator or victim may be registered in the EES should provide the law enforcement authorities of the Member States with a very valuable tool in preventing, detecting or investigating terrorist offences or other serious criminal offences, when for example the only evidence at a crime scene are latent fingerprints.deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 20

(20) It is necessary to designate the competent authorities of the Member States as well as the central access point through which the requests for access to EES data are made and to keep a list of the operating units within the designated authorities that are authorised to request such access for the specific purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences.deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 21

(21) Requests for access to data stored in the Central System should be made by the operating units within the designated authorities to the central access point and should be justified. The operating units within the designated authorities that are authorised to request access to EES data should not act as a verifying authority. The central access points should act independently of the designated authorities and should be responsible for ensuring, in an independent manner, strict compliance with the conditions for access as established in this Regulation. In exceptional cases of urgency, where early access is necessary to respond to a specific and actual threat related to terrorist offences or other serious criminal offences, the central access point should be able to process the request immediately and only carry out the verification afterwards.deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 22

(22) To protect personal data and to exclude systematic searches, the processing of EES data should only take place in specific cases and when it is necessary for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences. The designated authorities and Europol should only request access to the EES when they have reasonable grounds to believe that such access will provide information that will substantially assist them in preventing, detecting or investigating a terrorist offence or other serious criminal offence.deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 23

(23) In addition, access to the EES for identification of unknown suspects, perpetrators or victims of terrorist offences or other serious criminal offences should be allowed only on the condition that searches with the national fingerprint databases of the Member State and with the automated fingerprinting identification systems of all other Member States under Council Decision 2008/615/JHA26 did not lead to the establishment of the identity of the data subject Furthermore, access to the EES to consult the entry/exit records of a known person should be duly justified. _________________ 26 Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1).deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 24

(24) For the purpose of efficient comparison and exchange of personal data, Member States should fully implement and make use of the existing international agreements as well as of Union law concerning the exchange of personal data already in force, in particular of Decision 2008/615/JHA.deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 25

(25) The personal data stored in the EES should be kept for no longer than is necessary for the purposes of the EES. It is appropriate to keep the data related to third country nationals for a period of five years for border management purposes in order to avoid the need for third country nationals to re-enrol in the EES before that period has lapsed. For third country nationals who are family members of a Union citizen to whom Directive 2004/38/EC27 applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC, it is appropriate to store each coupled entry/ exit record for a maximum period of one year after the last exit. _________________ 27Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77)very short period after exit.

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 26

(26) A five year data retention period is necessary to allow the border guard performing the necessary risk analysis requested by the Schengen Borders Code before authorising a traveller entering the Schengen area. The processing of visa application in consular posts requires also analysing the travel history of the applicant to assess the use of previous visas and the respect of the conditions of stay. The abandoning of passport stamping will be compensated by a consultation of the EES. The travel history available in the system should therefore cover a period of time which is sufficient for the purpose of visa issuance. The five year data retention period will reduce the re-enrolment frequency and will be beneficial for all travellers as the average border crossing time will decrease as will do the waiting time at border crossing points. Even for a traveller entering only once in the Schengen area, the fact that other travellers being already registered in the EES will not have to re- enrol will reduce the waiting time at border. This data retention period will also be necessary to allow for facilitation for the border crossing by using process accelerators and self-service systems. Such facilitation is dependent of the data registered in the system. A shorter data retention period would have a negative impact on the duration of border controls. A shorter data retention period would also reduce the group of travellers that can benefit of such facilitation and thereby undermine the stated objective of EES to facilitate border crossing.deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 27

(27) The ~~same~~ retention period of ~~fiv~~one years would be necessary for data on persons who have not exited the territory of the Member States within the authorised period of stay in order to support the identification ~~and return process and for persons whose entry for a short stay {or on the basis of a touring visa} has been refused~~. The data should be deleted after the period of ~~fiv~~one years, unless there are grounds to delete it earlier.

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 29 a (new)

(29a) Carriers should be informed whether or not third-country nationals who are about to use their travelling services and hold a single or double entry visa have already used the visa through an OK/NOT OK answer conveyed through the Customs Response Message (CUSRES) in the interactive Advance Passenger Information (API) system. The Commission should comply with the standards and recommended practices laid down in Annex 9 to the Convention on International Civil Aviation signed on 7 December 1944 in order to ensure that the EES is compatible with established API systems..

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 31

(31) The processing of personal data by the authorities of the Member States for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences pursuant to this Regulation should be subject to a standard of protection of personal data under their national law which complies with Council Framework Decision 2008/977/JHA30. _________________ 30Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters (OJ L 350, 30.12.2008, p. 60).deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 32

(32) Personal data obtained by Member States pursuant to this Regulation should not be transferred or made available to a third country, an international organisation or any private party established in or outside the Union ~~except if necessary in individual cases in order to assist the identification of a third country national in relation to his/her return and subject to strict conditions~~.

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 35

(35) National supervisory authorities established in accordance with Article 25 of Council Framework Decision 2008/977/JHA should monitor the lawfulness of the processing of personal data for law enforcement purposes by the Member States, and the national supervisory authorities established in accordance with Article 33 of Decision 2009/371/JHA should monitor the lawfulness of data processing activities performed by Europol.deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 42

(42) The projected costs of the EES are lower than the budget earmarked for Smart Borders in Regulation (EU) 515/2014 of the European Parliament and the Council33. Accordingly, following the adoption of this Regulation, pursuant to Article 5(5)(b) of Regulation (EU) 515/2014, the Commission should, by means of a delegated act, re-allocate the amount currently attributed for developing IT systems supporting the management of migration ~~flows~~ across the external borders. _________________ 33 Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing as part of the Internal Security Fund, the Instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation also lays down in its Chapter IV the conditions under which Member States' designated law enforcement authorities and the European Police Office (Europol) may obtain access for consultation of the EES for the purposes of the prevention, detection and investigation of terrorist offences or of other serious criminal offences.deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 3 – paragraph 1 – point 15

(15) ‘fingerprint data’ means the data relating to fingerprints of the index, middle finger, ring finger and little finger from the right hand, where present, and otherwise from the left hand, or a latent fingerprint;deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 3 – paragraph 1 – point 17

(17) ‘'biometric data’' means ~~fingerprint data and facial image~~data based on a facial image which has been processed in order to allow biometric matching;

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 3 – paragraph 1 – point 22

~~(22) ‘national supervisory authority’ as regards law enforcement purposes means the supervisory authorities established in accordance with Article 25 of Council Framework Decision 2008/977/JHA;~~deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 3 – paragraph 1 – point 23

~~(23) ‘national supervisory body’ means the supervisory bodies established in accordance with Article 33 of Decision 2009/371/JHA;~~deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 3 – paragraph 1 – point 25

~~(25) 'law enforcement' means the prevention, detection or investigation of terrorist offences or other serious criminal offences;~~deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 3 – paragraph 1 – point 26

~~(26) 'terrorist offences' mean the offences under national law which correspond or are equivalent to those referred to in Articles 1 to 4 of Framework Decision 2002/475/JHA;~~deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 3 – paragraph 1 – point 27

(27) 'serious criminal offences' means the offences which correspond or are equivalent to those referred to in Article 2(2) of Framework Decision 2002/584/JHA, if they are punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years;deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 3 – paragraph 3

3. The terms defined in Article 2 of Framework Decision 2008/977/JHA shall have the same meaning in this Regulation in so far as personal data are processed by the authorities of the Member States for law enforcement purposes.deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 4 – paragraph 1

The Agency for the operational management of large-scale information systems in the area of freedom, security and justice ('eu-LISA') shall develop the EES and ensure its operational management, including the functionalities for processing biometric data referred to in Article 14(1)(f) ~~and Article 15~~.

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 5 – paragraph 1 – point a

(a) ~~enhance the efficiency of border checks by~~allow for the calculationg and monitoring of the duration of the authorised stay at entry and exit of third- country nationals admitted for a short stay {or on the basis of a touring visa};

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 5 – paragraph 1 – point c

(c) allow to identify and detect overstayers (also within the territory) and enable competent national authorities of the Member States to take appropriate measures ~~including to increase the possibilities for return~~;

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 5 – paragraph 1 – point d

~~(d) allow to electronically check refusals of entry in the EES;~~deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 5 – paragraph 1 – point e

~~(e) free up border control resources from performing checks that can be automated and enable better focus on the assessment of third country nationals;~~deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 5 – paragraph 1 – point h

(h) gather statistics on the entries and exits, ~~refusals of entry~~ and overstays of third country nationals ~~to improve the assessment of the risk of overstays and to support evidence-based Union migration policy making~~;

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 5 – paragraph 1 – point i

(i) combat identity fraud at the external borders, which is committed for the purpose of entering the Union;

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 5 – paragraph 1 – point j

~~(j) contribute to the prevention, detection and investigation of terrorist offences or of other serious criminal offences;~~deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 5 – paragraph 1 – point k

(k) enable identifying and apprehending terrorist, and criminal suspects as well as ofidentifying victims crossing the external borders;

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 5 – paragraph 1 – point l

~~(l) enable generating information on travel histories of terrorist, criminal suspects as well as of victims for investigations related to terrorism or serious crime.~~deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 7 – paragraph 2 – point e

(e) where the identity of a visa holder cannot be verified against the EES, verify at the external borders the identity of a visa holder with fingerprints against the VIS in accordance with Article 21 of this Regulation and Article 18(6) of Regulation (EC) No 767/2008.deleted

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 9 – paragraph 2

2. Each competent authority shall ensure that in using the EES, it does not discriminate against third country nationals on the grounds of sex, rac~~ial or ethnic origin, religion or belief~~e, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation and that it fully respects human dignity and the integrity of the person. Particular attention shall be paid to the specific situation of children, the elderly and persons with a disability. In particular, when retaining a child's data, the best interest of the child shall be a primary consideration.

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 11 – paragraph 2

2. A list generated by the system containing the data referred to in Article 14 ~~and 15~~ of all identified overstayers shall be available to the designated competent national authorities.

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 12 – paragraph 2

2. Carriers may use the secure internet access to the web service referred to in paragraph 1 to verify whether or not third country nationals holding a single or double entry visa have already used the visa. The carrier shall provide the data listed in Article 14(1)(d). The web service shall on that basis provide the carriers with an OK/NOT OK answer. Carriers may store the information sent and the answer receivedshall be informed whether or not third country nationals wanting to use their transport services and holding a single or double entry visa have already used the visa by an OK/NOT OK answer conveyed through the CUSRES message of an interactive API system. Carriers may store the answer received for the sole purpose of informing the respective third country nationals.

2017/01/17
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 13 – paragraph 1

1. Border authorities shall verify, in accordance with Article 21, whether a previous individual file has been created in the EES for the third country national as well as their identity. Where a third country national uses a self-service system for ~~pre-enrolment of data or for~~ the performance of border checks ~~[should this self-service system not be defined or explained?]~~, a verification may be carried out through the self service system.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 13 – paragraph 2

2. Where a previous individual file has been created, the border authority shall, if necessary, update the individual file data, and enter an entry/exit record for each entry and exit in accordance with Articles 14 and 15 ~~or, where applicable, a refusal of entry record in accordance with Article 16~~. That record shall be linked to the individual file of the third country national concerned. Where applicable, the data referred to in Article 17(1) shall be added to the individual file and the data referred to in Article 17(3) and (4) shall be added to the entry/exit record of the third country national concerned. The different travel documents and identities used legitimately by a third country national shall be added to the third country national's individual file. Where a previous file has been registered and the third country national presents a travel document which differs from the one which was previously registered, the data referred under Article 14(1)(f) shall also be updated if the facial image recorded in the chip of the new travel document can be extracted electronically.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 13 – paragraph 4

4. In the absence of a previous registration of a third country national in the EES, the border authority shall create the individual file of the person by entering the data referred to in Articles 14~~, 15~~ and 16 as applicable.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 13 – paragraph 5

5. Where a third country national uses a self-service system for pre- enrolment of data, Article 8c of Regulation (EU) 2016/399 shall apply. In that case, the third country national may pre-enrol the individual file data or, if applicable, the data that needs to be updated. The data shall be confirmed by the border guard when the decision to authorise or to refuse entry has been taken in accordance with Regulation (EU) 2016/399. The verification referred to in paragraph 1 of this Article shall be carried out through the self service system. The data listed in Article 14(1)(d), (e) and (g) may be retrieved and imported directly from the VIS.deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 14 – paragraph 1 a (new)

1a. Member States shall ensure that appropriate procedures guaranteeing the dignity of the person are in place in the event of difficulties encountered in the capturing of facial images.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 15 – paragraph 1

1. For third country nationals exempt from the visa obligation, the border authority shall enter into their individual file the data provided for in Article 14(1)(a), (b), (c) and (f). In addition it shall enter into that individual file the four fingerprint of the index, middle- finger, ring-finger and little finger from the right hand, and where this is not possible the same fingers from the left hand, in accordance with the specifications for the resolution and use of fingerprints adopted by the Commission in accordance with Article 61(2). For third country nationals exempt from the visa obligation, Articles 14(2) to 14(4) shall apply.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 15 – paragraph 2

~~2. Children under the age of 12 shall be exempt from the requirement to give fingerprints for legal reasons.~~deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 15 – paragraph 3

3. Persons for whom fingerprinting is physically impossible shall be exempt from the requirement to give fingerprints for factual reasons. However, where the physical impossibility is of a temporary nature, the person shall be required to give the fingerprints at the subsequent entry. The border authorities shall be entitled to request further clarification on the grounds for the temporary impossibility to provide fingerprints. Member States shall ensure that appropriate procedures guaranteeing the dignity of the person are in place in the event of difficulties encountered in capturing fingerprints.deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 15 – paragraph 4

4. Where the person concerned is exempt from the requirement to give fingerprints for legal or factual reasons pursuant to paragraphs 2 or 3, the specific data field shall be marked as ‘not applicable’. The system shall allow a distinction to be made between the cases where fingerprints are not required to be provided for legal reasons and the cases where they cannot be provided for factual reasons.deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 16

Personal data for third country nationals who have been refused entry 1. by the border authority, in accordance with Article 14 of Regulation (EU) 2016/399 and Annex V thereto, to refuse the entry of a third country national referred to in Article 2(2) of this Regulation to the territories of the Member States, and where no previous file has been registered in the EES for that third country national the border authority shallArticle 16 deleted Where a decision has been taken In order to create anthe individual file in which it shall enter the data required pursuant to Article 14(1) in the case of visa holding third country nationals and the data required pursuant to Article 15(1) in the case of visa exempt third country nationals. 2. file of visa holder third country nationals, the data provided for in Article 14 (1) (d), (e) and (g) may be retrieved and imported directly from the VIS For both visa holding and visa the date and time of refusal of the border crossing pointo, the EES by the competent border authority in accordance with Article 18a of Regulation (EC) No 767/2008. 3. exempt third country nationals the following data shall be entered in a separate refusal of entry record: (a) entry, (b) (c) entry, (d) reasonauthority that refused the the letter(s) fcor re~~fusing entry, in accordance with Annex V, Part B of Regulation (EU) 2016/399. 4. exists in the EES the dat~~sponding to the Where a proevi~~ded for in paragraph 2 shall be added to the existing file.~~ous file already

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 18 – paragraph 2

In that case Article 12 of Regulation (EU) 2016/399 shall apply and if that presumption is rebutted by ~~proof~~an explanation that the third country national concerned has respected the conditions relating to the condition of short stay, the competent authorities shall create an individual file for that third country national in the EES if necessary, or update the latest entry/exit record by entering the missing data in accordance with Articles 14 ~~and 15~~ or delete an existing file where Article 32 applies.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 19 – paragraph 1

In the event of technical impossibility in entering data in the Central System or in the event of a failure of the Central System, the data referred to in Articles 14, ~~15, 16,~~ 17 and 18 shall be temporarily stored in the National Uniform Interface as provided for in Article 6. If this is not possible, the data shall be temporarily stored locally. In both cases, the data shall be entered into the Central System of the EES as soon as the technical impossibility or failure has been remedied. The Member States shall take the appropriate measures and deploy the required infrastructure, equipment and resources to ensure that such temporary local storage can be carried out at any time and for any of their border crossing points.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 3

If the search in the EES with those data indicates that data on the third country national are recorded in the EES, the border authorities shall compare the live facial image of the third country national with the facial image referred to in Article 14(1)(f). Where the technology is not available at the border crossing for the use of live facial image, the border authorities shall, in the case of visa exempt third country nationals, proceed to a verification of fingerprints against the EES and in the case of visa holding third country nationals, proceed to a verification of fingerprints directly against the VIS in accordance with Article 18 of Regulation (EU) No 767/2008. For the verification of fingerprints against the VIS for visa holders, the border authorities may launch the search in the VIS directly from the EES as provided in Article 18(6) of Regulation (EC) No 767/2008or if the verification of the facial image fails, the border authorities shall verify the alphanumeric data.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 4

~~If the verification of the facial image fails, the verification shall be carried out using fingerprints and vice versa.~~deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 21 – paragraph 4 – subparagraph 2

In addition, the following provisions shall apply: (a) are subject to a visa requirement to cross the external borders, if the search in the VIS with the data referred to in Article 18(1) of Regulation (EC) No 767/2008 indicates that that third country national is recorded in the VIS, a verification of fingerprints against the VIS shall be carried out in accordance with Article 18 (5) of Regulation (EC) No 767/2008. For this purpose, the competent authority may launch a search from the EES to the VIS as provided for in Article 18(6) of Regulation (EC) No 767/2008. In circumstances where a verification of the person pursuant to paragraph 2 of this Article failed, the border authorities shall access the VIS data for identification in accordance with Article 20 of Regulation (EC) No 767/2008. (b) are not subject to a visa requirement to cross the external borders and who are not found in the EES further to the identification run in accordance with Article 25, the VIS shall be consulted in accordance with Article 19a of Regulation (EC) No 767/2008. The competent authority may launch a search from the EES to the VIS as provided for in Article 19a of Regulation (EC) No 767/2008."deleted for third country nationals who for third country nationals who

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 22 – paragraph 2 – point c

(c) the biometric data as referred to in Articles 14(1)(f) ~~and 15~~.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 2

If the search indicates that data on the third country national are recorded in the EES, the competent authorities shall compare the live facial image of the third country national with the facial image referred to in Article 14(1)(f). Where the technology is not available for the use of live facial imaging, the competent authorities shall proceed with the verification of fingerprints of visa exempt third country nationals in the EES and of visa holding third country nationals in the VIS in accordance with Article 19 of Regulation (EC) No 767/2008.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1

For the sole purpose of identifying any third country national who may have been registered previously in the EES under a different identity or who does not or no longer fulfils the conditions for entry to, for stay or for residence on the territory of the Member States, the competent authorities for carrying out checks at external border crossing points in accordance with Regulation (EU) 2016/399 or within the territory of the Member States as to whether the conditions for entry to, stay or residence on the territory of the Member States are fulfilled shall have access to search with the biometric data of that third country national referred to in Articles 14(1)(f) ~~and 15(1)~~.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 2

Where the search with the data referred to in Articles 14(1)(f) ~~and 15(1)~~ indicates that data on that third country national are not recorded in the EES, access to data for identification shall be carried out in the VIS in accordance with Article 20 of Regulation (EC) No 767/2008. ~~At external borders, p~~Prior to any identification against the VIS, the competent authorities shall first access the VIS in accordance with ~~Articles 18 or 19a of~~ Regulation (EC) No 767/2008.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Where the ~~fingerprints of that third country national cannot be used or the search with the fingerprints and~~search with the facial image has failed, the search shall be carried out with the data referred to in Article 14(1)(a) or (b) or in both.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 26

Member States' designated law enforcement authorities 1. law enforcement authorities which are entitled to consult the data stored in the EES in order to prevent, detect and investigate terrorist offences or other serious criminal offences. 2. list of the designated authorities. Each Member State shall notify in a declaration to eu-LISA and the Commission its designated authorities and may at any time amend or replace its declaration with another declaration. The declarations shall be published in the Official Journal of the European Union. 3. designate a central access point which shall have access to the EES. The central access point shall be an authority of the Member State which is responsible for the prevention, detection or investigation of terrorist offences or of other serious criminal offences. The central access point shall verify that the conditions to request access to the EES laid down in Article 29 are fulfilled. The designated authority and the central access point may be part of the same organisation if permitted under national law, but the central access point shall act independently when performing its tasks under this Regulation. The central access point shall be separate from the designated authorities and shall not receive instructions from them as regards the outcome of the verification. Member States may designate more than one central access point to reflect their organisational and administrative structure in the fulfilment of their constitutional or legal requirements. 4. a declaration to eu-LISA and the Commission their central access point(s) and may at any time amend or replace its declaration with another declaration. The declarations shall be published in the Official Journal of the European Union. 5. State shall keep a list of the operating units within the designated authorities that are authorised to request access to data stored in the EES through the central access point(s). 6. central access point(s) shall be authorised to access the EES in accordance with Articles 28 and 29.Article 26 deleted Member States shall designate the Each Member State shall keep a Each Member State shall Each Member State shall notify in At national level, each Member Only duly empowered staff of the

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 27

1. authority which is authorised to request access to the EES through its designated central access point in order to prevent, detect and investigate terrorist offences or other serious criminal offences. The designated authority shall be an operating unit of Europol. 2. specialised unit with duly empowered Europol officials as the central access point. The central access point shall verify that the conditions to request access to the EES laid down in Article 30 are fulfilled. The central access point shall act independently when performing its tasks under this Regulation and shall not receive instructions from theArticle 27 deleted Europol Europol shall designate an Europol shall designated a~~uthority referred to in paragraph 1 as regards the outcome of the verification.~~

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 28

Procedure for access to the EES for law 1. Article 26(5) shall submit a reasoned electronic request to the central access points referred to in Article 26(3) for access to data stored in the EES. Upon receipt of a request for access, the central access point(s) shall verify whether the conditions for access referred to in Article 29 are fulfilled. If the conditions for access are fulfilled, the duly authorised staff of the central access point(s) shall process the requests. The EES data accessed shall be transmitted to the operating units referred to in in Article 26(5) in such a way as to not compromise the security of the data. 2. where there is a need to prevent an imminent danger associated with a terrorist offence or another serious criminal offence, the central access point(s) shall process the request immediately and shall only verify ex post whether all the conditions of Article 29 are fulfilled, including whether an exceptional case of urgency actually existed. The ex post verification shall take place without undue delay after the processing of the request. 3. determines that the access to EES data was not justified, all the authorities that accessed such data shall erase the information accessed from the EES and shall inform the central access points of the erasure.Article 28 deleted enforcement purposes The operating units referred to in In an exceptional case of urgency, Where an ex post verification

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 29

~~[...]~~deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 30

Procedure and conditions for access to 1. consult the EES where all the following conditions are met: (a) support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling under Europol's mandate, thus making a search of the database proportionate if there is an overriding public security concern; (b) specific case; (c) consider that the consultation may substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation. 2. Article 29 (2) to (5) shall apply accordingly. 3. may submit a reasoned electronic request for the consultation of all data or a specific set of data stored in the EESArticle 30 deleted EES data by Europol Europol shall have access to the consultation is necessary to the consultation is necessary in a reasonable grounds exist to tThe Europol central access point referred to in Article 27. Upon receipt of a request for access the Europol central access point shall verify whether the conditions for access referred to in paragraph 1 are fulfilled. If all conditions for access are fulfilled, the duly authorised staff of the central access point(s) shall process the requests. The EES data accessed shall be transmitted to the operating units referred to in Article 27 (1) in such a way as not to compromise the security of the data. 4. obtained by Europol from consultation with EES data shall be subject to the authorisation of the Member State of origin. That authorisation shall be obtained via the Europol national unit of that Member State.conditions laid down in Europol's designated authority The processing of information

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 31 – paragraph 1

1. Each entry/exit record ~~or refusal of entry record~~ linked to an individual file shall be stored for ~~five year~~: (a) 181 days following the date of the e~~xit~~ntry record for ~~of the refusal of entry record, as applicable.~~ holders of multiple-entry visas, or for third-country nationals who do not require a visa, or for third-country nationals who are family members of a Union citizen to whom Directive 2004/38/EC applies, or for third-country nationals enjoying the right of free movement under Union law who do not hold a residence card referred to under Directive 2004/38/EC; (b) 72 hours following the date of the exit record for holders of single-entry visas.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 31 – paragraph 2

2. Each individual file together with the linked entry/exit record(s) or refusal of entry records shall be stored in the EES for five years and one day following the date of the last exit record if there is no entry record within five years from that last exit record or refusal of entry record.deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 31 – paragraph 3

3. If there is no exit record following the date of expiry of the authorised period of stay, the data shall be stored for a period of ~~fiv~~one years following the last day of the authorised stay. The EES shall automatically inform the Member States t~~hree~~wo months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 31 – paragraph 4

4. By way of derogation tofrom paragraph~~s (2) and~~ (3), the entry/exit record(s) generated by third country nationals in their condition of family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC, shall be stored in the EES for a maximum of ~~one year after the last~~six months following the last day of the authorised stay, if there is no exit record.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 31 – paragraph 5

5. Upon expiry of the retention period referred to in paragraphs 1, 3 and 24, such data shall automatically be erased from the Central System

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 32 – paragraph 3

3. By way of derogation from paragraphs 1 and 2, if a Member State other than the Member State responsible has evidence to suggest that data recorded in the EES are factually inaccurate or that data were processed in the EES in contravention of this Regulation, it shall check the data concerned if it is possible to do this without consulting the Member State responsible and, if necessary, amend or erase them from the EES without delay and, where applicable, from the list of identified persons referred to in Article 11. Otherwise the Member State shall contact the authorities of the Member State responsible within a time limit of 14seven days and the Member State responsible shall check the accuracy of the data and the lawfulness of its processing within a time limit of ~~one month~~14 days. This may also be done at the request of the person concerned in accordance with Article 46.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 32 – paragraph 5

5. The data of identified persons referred to in Article 11 shall be deleted without delay from the list referred to in that Article and shall be corrected in the EES where the third country national ~~provides evidence~~explains, in accordance with the national law of the Member State responsible or of the Member State to which the request has been made, thate reasons for which he or she was forced to exceed the authorised duration of stay due to unforeseeable and serious events, that he or she has acquired a legal right to stay, or ~~in case of errors~~that he or she left the Union in time but at a location where there was no border-crossing point for recording the exit. In case of errors the data shall be corrected in the EES without requiring an explanation from the third country national. The third country national shall have access to an effective judicial remedy to ensure the data is amended.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 33 – paragraph 1 – point a

(a) the specifications for ~~the resolution and use of fingerprints for~~ biometric verification and identification in the EES;

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 33 – paragraph 1 – point b

(b) entering the data in accordance with Articles 14, 15, ~~16,~~ 17 and 18;

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 33 – paragraph 1 – point c

(c) accessing the data in accordance with Articles 21 to 3025;

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 35 – paragraph 1 – point b

(b) the organisation, management, operation and maintenance of its existing national border infrastructure and of its connection to the EES for the purpose of Article 5 ~~excepted points (j), (k) and (l~~with the exception of point (k);

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 35 – paragraph 1 – point c

~~(c) the organisation of central access points and their connection to the National Uniform Interface for the purpose of law enforcement;~~deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 35 – paragraph 2

2. Each Member State shall designate a national authority, which shall provide the competent authorities referred to in Article 8 with access to the EES. Each Member State shall connect that national authority to the National Uniform Interface. Each Member State and Europol shall connect their respective central access points referred to in Article 26 and 27 to the National Uniform Interface.deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 35 – paragraph 4 a (new)

4a. Member States shall not process the EES data for purposes other than those laid down in this Regulation.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 38 – paragraph 2

2. By way of derogation from paragraph 1, the data referred to in Article 14(1)(a), (b) and (c) and Article 15(1) may be transferred or made available to a third country or to an international organisation listed in the Annex in individual cases, if necessary in order to prove the identity of third country nationals for the purpose of return, only where the following conditions are satisfied: (a) decision on the adequate protection of personal data in that third country in accordance with Article 25(6) of Directive 95/46/EC, or a readmission agreement is in force between the Community and thatdeleted the Commission has adopted a the third country, or Article 26(1)(d) of Directive 95/46/EC applies; (b) organisation agrees to use the data only for the purpose for which they were provided; (c) available in accordance with the relevant provisions of Union law, in particular readmission agreements, and the national law of the Member State which transferred or made the data available, including the legal provisions relevant to data security and data protection; (d) the data in the EES has given its consent.international the data are transferred or made the Member State which entered

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 38 – paragraph 3

3. Transfers of personal data to third countries or international organisations pursuant to paragraph 2 shall not prejudice the rights of applicants for and beneficiaries of international protection, in particular as regards non-refoulement.deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 38 – paragraph 4

4. Personal data obtained from the Central System by a Member State or by Europol for law enforcement purposes shall not be transferred or made available to any third country, international organisation or private entity established in or outside the Union. The prohibition shall also apply if those data are further processed at national level or between Member States within the meaning of Article 2(b) of Framework Decision 2008/977/JHA.deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 39 – paragraph 2 – point g

(g) ensure that all authorities with a right of access to the EES create profiles describing the functions and responsibilities of persons who are authorised to enter, amend, delete, consult and search the data and make their profiles available to the national supervisory authorities referred to in Article 49 ~~and to the national supervisory authorities referred to in Article 52(2)~~ without delay at their request;

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 44 – paragraph 1 – point a

~~(a) an explanation using clear and plain language, of the fact that the EES may be accessed by the Member States and Europol for law enforcement purposes;~~deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 44 – paragraph 1 – point b

~~(b) the obligation on visa exempt third country nationals to have their fingerprints taken;~~deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 46 – paragraph 1

1. Without prejudice to Article 12 of Directive 95/46/EC any third country national shall have the right to obtain the data relating to him or her recorded in the EES and of the Member State which transmitted it to the EES and may request that data relating to him or her which are inaccurate be corrected and that data recorded unlawfully be erased. The Member State responsible shall reply to such requests within 14 days of receipt of the request.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 46 – paragraph 2

2. If a request for correction or deletion is made to a Member State other than the Member State responsible, the authorities of the Member State to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the EES within a time limit of ~~one month~~14 days if that check can be done without consulting the Member State responsible. Otherwise the Member State other than the Member State responsible shall contact the authorities of the Member State responsible within a time limit of 14seven days and the Member State responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of ~~one month~~14 days.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 46 – paragraph 6

6. Any request made pursuant to paragraphs 1 and 2 shall contain the necessary information to identify the person concerned~~, including fingerprints~~. That information shall be used exclusively to enable t the exercise of the rights referred to in paragraphs 1 and 2 and shall be erased immediately afterwards.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 52

1. that the provisions adopted under national law implementing Framework Decision 2008/977/JHA are also applicable to the access to EES by its national authorities in line with Article 1(2). 2. of the access to personal data by the Member States for the purposes listed in Article 1(2) of this Regulation, including their transmission to and from the EES, shall be carried out by the national supervisory authorities designated pursuant to Framework Decision 2008/977/JHA. 3. Europol shall be carried out in accordance with Decision 2009/371/JHA and shall be supervised by an independent external data protection supervisor. Articles 30, 31 and 32 of that Decision shall be applicable to the processing of personal data by Europol pursuant to this Regulation. The independent external data protection supervisor shall ensure that the rights of the third country national are not infringed. 4. for the purposes laid down in Article 1(2) shall only be processed for the purposes of the prevention, detection Article 52 deleted Protection of personal data for law enforcement access Each Member State shall ensure The monitor investigation of the specific case for which the data have been requested by a Member State or by Europol. 5. designated authorities, the central access points and Europol shall keep records of the searches for the purposes of enabling the national data protection authorities and the European Data Protection Supervisor to monitor the compliance of data processing with Union data protection rules. Other than for such purpose, pg of the lawfulness The processing of personal data by Personal data, as well as the records of the searches, shall be erased in all national and Europol files after a period of one month, unless those data and records are required for the purposes of the specific ongoing criminal investigation for which they were requested by a Member State or by Europol.ccessed in the EES The Central System, the

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 53 – paragraph 1

1. Each Member State ~~and Europol~~ shall ensure that all data processing operations resulting from requests to access to EES data for the purposes laid down in Article 1~~(2)~~ are logged or documented for the purposes of checking the admissibility of the request, monitoring the lawfulness of the data processing and data integrity and security, and self-monitoring.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 53 – paragraph 2 – point a

(a) the exact purpose of the request for access to EES data~~, including the terrorist offence or other serious criminal offence concerned and, for Europol, the exact purpose of the request for access~~;

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 53 – paragraph 2 – point b

~~(b) the reasonable grounds given for not making comparisons with other Member States under Decision 2008/615/JHA, in accordance with Article 29(2)(b) of this Regulation;~~deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 53 – paragraph 2 – point f

~~(f) where applicable, the use of the urgent procedure referred to in Article 28(2) and the decision taken with regard to the ex-post verification;~~deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 53 – paragraph 2 – point h

(h) in accordance with national rules ~~or with Decision 2009/371/JHA~~, the identifying mark of the official who carried out the search and of the official who ordered the search or supply.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 55 – paragraph 4

Regulation (EU) No 767/2008
Article 17 a – paragraph 3 – point e

(e) where the identity of a visa holder cannot be verified against the EES, verify at the external borders the identity of a visa holder with fingerprints against the VIS in accordance with Articles 21(2) and 21(4) of [Regulation establishing an Entry/Exit System (EES)] and 18(6) of this Regulation.deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 55 – paragraph 5

Regulation (EU) No 767/2008
Article 18 – paragraph 6

~~6. For the purpose of a verifying the fingerprints against the VIS as laid down under paragraph 5, the competent authority may launch a search from the EES to the VIS.~~deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 55 – paragraph 7

Regulation (EU) No 767/2008
Article 19 a – paragraph 5

5. In addition, if the search with the data listed in paragraph 2 indicates that data on the person are recorded on the VIS, the competent border authority shall verify the fingerprints of the person against the fingerprints recorded in the VIS. The competent border control authority may launch such verification from the EES. For persons whose fingerprints cannot be used, the search shall be carried out only with the alphanumeric data foreseen under paragraph 2 of this Article.deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 56 – paragraph 8 – point b

Regulation (EU) No 1077/2011
Article 19 – paragraph 3

(b) paragraph (3) is replaced by the following: ‘Europol and Eurojust may each appoint a representative to the SIS II Advisory Group. Europol may also appoint a representative to the VIS, Eurodac and EES Advisory Groups.’deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 57 – paragraph 1 – point h

~~(h) the number of persons exempt from the requirement to give fingerprints pursuant to Article 15(2) and (3);~~deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 57 – paragraph 1 – point i

(i) the number of third country nationals refused entry, the nationalities of third country nationals refused entry and the type of border (land, air or sea) and the border crossing point at which entry was refused.deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 57 – paragraph 2 – subparagraph 1

For the purpose of paragraph 1, eu-LISA shall establish, implement and host a central repository in its technical sites containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics on the entries and exits, refusals of entry and overstay of third country nationals ~~to improve the assessment of the risk of overstay~~, to enhance the efficiency of border checks, to help consulates processing the visa applications and to support evidence-based Union migration policymaking. The repository shall also contain daily statistics on the data referred to in paragraph 4. Access to the central repository shall be granted by means of secured access through S-TESTA with control of access and specific user profiles solely for the purpose of reporting and statistics.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 57 – paragraph 4

4. Every quarter, eu-LISA shall publish statistics on the EES showing in particular the number, nationality and border crossing point of entry of overstayers, of third country nationals who were refused entry, including the grounds for refusal, and of third country nationals whose stays were revoked or extended as well as the number of third country nationals exempt from the requirement to give fingerprints and of third country nationals whose stays were revoked or extended.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 58 – paragraph 4

4. Each Member State ~~and Europol~~ shall set up and maintain at their expense the technical infrastructure necessary to implement Article 5(2) and shall be responsible for bearing the costs resulting from access to the EES for that purpose.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 59 – paragraph 4

~~4. Europol shall notify the Commission of its designated authority and its central access point referred to in Article 27 and shall notify without delay any amendments thereto.~~deleted

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 64 – paragraph 6

6. The Member States ~~and Europol~~ shall provide eu-LISA and the Commission with the information necessary to draft the reports referred to in paragraphs 4 and 5 according to the quantitative indicators predefined by the Commission and/or eu- LISA ~~. This information shall not jeopardise working methods or include information that reveals sources, staff members or investigations of the designated authorities~~.

2017/01/13
Committee: LIBE

Jan Philipp ALBRECHT

8. While respecting the provisions of national law on the publication of sensitive information, each Member State and Europol shall prepare annual reports on the effectiveness of access to EES data for law enforcement purposes containing information and statistics on: (a) consultation (whether for identification or for entry/exit records) including the type of terrorist or serious criminal offence; (b) - reasonable grounds given for the substantiated suspicion that the suspect, perpetrator or victim is covered by this Regulation; (c) to conduct consultation of other Member States’ automated fingerprint identification systems under Decision 2008/615/JHA in accordance with Article 29(2)(b); (d) to the EES for law enforcement purposes; (e) which have ended in successful identifications; (f) - the need and use made of the exceptional case of urgency including those cases where that urgency was not accepted by the ex post verification carried out by the central access point. Member States’ and Europol’s annual reports shall be transmitted to the Commission by 30 June of the subsequent year.deleted - the exact purpose of the - the reasonable grounds given not - the number of requests for access - the number and type of cases

2017/01/13
Committee: LIBE

Activities of Jan Philipp ALBRECHT related to 2016/0106(COD)

Plenary speeches (2)

Shadow reports (1)

Amendments (114)

ParlTrack - 2011-2024