36 Amendments of Monika HOHLMEIER related to 2016/0357A(COD)
Amendment 427 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 439 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Access to the ETIAS Information System shall be reserved exclusively to duly authorised staff of the ETIAS Central Unit and of, the ETIAS National Units, Europol and the European Coast and Border Guard Agency.
Amendment 488 #
Proposal for a regulation
Article 15 – paragraph 2 – point j a (new)
Article 15 – paragraph 2 – point j a (new)
(ja) address, purpose and duration of the first intended stay in the Member State;
Amendment 504 #
Proposal for a regulation
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
(b) whether he or she has ever been convicted of any criminal offence in any country, including serious and less serious criminal offences, in any country. If this question is answered affirmatively, the applicant shall also list the nature of the criminal offence(s), the year of conviction and the nature of the sentence;
Amendment 533 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. A travel authorisation fee of EUR 512 shall be paid by the applicant for each application.
Amendment 537 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The travel authorisation fee shall be waived for childrenapplicants under eighteen years and for applicants who hold the status of a severely disabled person.
Amendment 566 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. The ETIAS Central System shall compare the relevant data referred to in Article 15(2)(a), (f), (h) and (i) and the specific risk indicators referred to in Article 28. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to amend the data categories to be compared with the ETIAS Central System in order to be consistent and proportional with the definition of the concrete risk, which remains to be established by the Commission via delegated acts as referred to in Article 28 (3).
Amendment 665 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The request for additional information or documentation shall be notified to the contact e-mail address recorded in the application file. The request for additional information or documentation shall clearly indicate the information or documentation that the applicant is required to provide. The applicant shall provide the additional information or documentation directly to the ETIAS National Unit through the secure account service referred to in Article 6(2)(g) within 7 working days of the date of receipt of the request.
Amendment 682 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 685 #
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The ETIAS National Unit of the Member States consulted shall reply within 248 hours from the date of the notification of the consultation. The failure by Member States to reply within the deadline shall be considered as a positive opinion on the application.
Amendment 690 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Where the responsible Member State consults Europol, the ETIAS National Unit of that Member State shall transmit to Europol the relevant data of the application file as well as the hit(s) which are necessary for the purpose of the consultation. The ETIAS National Unit mayshall also transmit to Europol the relevant additional information or documentation provided by the applicant in relation to the request for travel authorisation for which Europol is consulted.
Amendment 693 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. In any case, Europol shall not have access to the personal data concerning the education of the applicant as referred to in Article 15(2)(h) and the health of the applicant as referred to in Article 15(4)(a).
Amendment 694 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Europol shall reply within 248 hours of the date of the notification of the consultation. The failure by Europol to reply within the deadline shallcannot be considered as a positive opinion on the application.
Amendment 699 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) if additional information or documentation is requested. and an indication of the maximum delay for receiving a notification on the decision regarding the application.
Amendment 767 #
Proposal for a regulation
Chapter 6 – title
Chapter 6 – title
Issuing, refusal, update, annulment or revocation of a travel authorisation
Amendment 776 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. A travel authorisation shall be valid for fivmultiple trips over the period of three years or until the end of validity of the travel document registered during application, whichever comes first, and shall be valid for the territory of the Member States. The validity of the travel authorisation is contingent on the validity of the data provided in the application at the time of entry in the territory of the Member States.
Amendment 787 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point a a (new)
Article 31 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) has misrepresented him- or herself or omitted facts in the application;
Amendment 793 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point c
Article 31 – paragraph 1 – subparagraph 1 – point c
(c) poses a security riskdanger to an individual, the community or to the security of one or multiple Member States;
Amendment 813 #
Proposal for a regulation
Article 32 – paragraph 1 – point d a (new)
Article 32 – paragraph 1 – point d a (new)
(da) the link to update the data provided in the application as referred to in Article 32a.
Amendment 821 #
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32 a Update of data provided in the application 1. Holders of a travel authorisation are obliged to update the data provided in the application and referred to in Article 15 (2) (a) to (f) and (4) (a) to (d), as soon as data initially provided is no longer valid and no later than one week before entering the territory of the Member States. 2. The update and processing of this data shall be free of charge. 3. An examination of the updated data shall be carried out pursuant to the procedures laid down in Chapters III, IV and V and the holder of the travel authorisation shall be notified of its validity within 48hours.
Amendment 872 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. In accordance with Article 26 of the Convention Implementing the Schengen AgreementAir, land and sea carriers shall consult the ETIAS Central System in order to verify whether or not third country nationals subject to the travel authorisation requirement are in possession of a valid travel authorisation.
Amendment 894 #
Proposal for a regulation
Article 43 – title
Article 43 – title
Member States' designated law enforcement authoritiesauthorities in charge of public security
Amendment 896 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Member States shall designate the law enforcement authoritiesauthorities in charge of public security which are entitled to request consultation of data recorded in the ETIAS Central System in order to prevent, detect and investigate terrorist offences or other serious criminal offences.
Amendment 943 #
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
(b) [fiveten years from the last entry record of the applicant stored in the EES; or]
Amendment 947 #
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
(c) fiveten years from the last decision to refuse, revoke or annul the travel authorisation in accordance with Articles 31, 34 and 35.
Amendment 960 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Where those activities fall within its scope, [Regulation 2016/679] shall apply to the processing of personal data by the ETIAS National Units.
Amendment 963 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. Where those activities fall within its scope, [Directive (EU) 2016/680] shall apply to the processing by Member States designated authorities for the purposes of Article 1(2).
Amendment 998 #
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
2. In cases referred to under paragraph 1, the European Data Protection Supervisor and the national supervisory authorities competent for data protection supervision mayshall, each acting within the scope of their respective competences, exchange relevant information, assist each other in carrying out audits and inspections, examine difficulties over the interpretation or application of this Regulation, study problems related to the exercise of independent supervision or the exercise of the rights of the data subject, draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights, as necessary.
Amendment 1007 #
Proposal for a regulation
Article 61 – paragraph 1 – point d a (new)
Article 61 – paragraph 1 – point d a (new)
(da) that holders of a travel authorisation are obliged to keep the data provided in the application up-to- date;
Amendment 1025 #
Proposal for a regulation
Article 65 – paragraph 2 a (new)
Article 65 – paragraph 2 a (new)
2a. It shall be ensured that the European Coast and Border Guard Agency is equipped with the appropriate funding and staffing to exercise the responsibilities referred to in Article 65 (1) (a) to (c) and (2).
Amendment 1033 #
Proposal for a regulation
Article 67 – paragraph 3 a (new)
Article 67 – paragraph 3 a (new)
3a. It shall be ensured that the Europol is equipped with the appropriate funding and staffing to exercise the responsibilities referred to in Article 67 (1) to (3).
Amendment 1056 #
Proposal for a regulation
Article 74 – paragraph 1 a (new)
Article 74 – paragraph 1 a (new)
Member States shall receive financial support for expenses incurred by additional responsibilities as referred to Article 66. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to define this financial support.
Amendment 1057 #
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
Amendment 1079 #
Proposal for a regulation
Article 81 – paragraph 5 – subparagraph 1 – introductory part
Article 81 – paragraph 5 – subparagraph 1 – introductory part
Threewo years after the start of operations of the ETIAS and every fourthree years thereafter, the Commission shall evaluate ETIAS and shall make any necessary recommendations to the European Parliament and the Council. This evaluation shall include:
Amendment 1080 #
Proposal for a regulation
Article 81 – paragraph 5 – subparagraph 1 – point b
Article 81 – paragraph 5 – subparagraph 1 – point b
(b) the impact, effectiveness and efficiency of the ETIAS performance, including the ETIAS Central Unit and ETIAS National Units, and its working practices in relation to its objectives, mandate and tasks;
Amendment 1085 #
Proposal for a regulation
Article 81 – paragraph 5 – subparagraph 1 – point f a (new)
Article 81 – paragraph 5 – subparagraph 1 – point f a (new)
(fa) generated revenues of the EU and expenditures incurred by the EU bodies as well as Member States.