11 Amendments of Rui TAVARES related to 2009/0089(COD)
Amendment 41 #
Proposal for a regulation
Recital 15
Recital 15
(15) Without prejudice to future Union legislation relating to the protection of personal data and implementing Article 16 of the Treaty on the Functioning of the European Union and Article 8 of the Charter of Fundamental Rights of the European Union, Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data applies to the processing of personal data by the Agency. This Regulation provides, inter alia, that the European Data Protection Supervisor shall have the power to obtain from the Agency access to all information necessary for his or her enquiries.
Amendment 42 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) If the development of SIS II fails, the implementation of an alternative solution should be subject to the adoption of a separate legal act.
Amendment 44 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Bearing in mind that the risk of mistakes or wrong use of personal data is likely to increase when more large-scale IT systems are entrusted to the same operational manager, the total number of managed large-scale IT systems should be limited and should be extended only after a proper evaluation of the Agency's work, an impact assessment concerning respect for fundamental rights, data protection and security, and the adoption of a separate legal act.
Amendment 45 #
Proposal for a regulation
Recital 5
Recital 5
(5) With a view to achieving synergies, it is necessary to provide for the operational management of these systems in one entity, benefiting from economies of scale, creating critical mass and, ensuring the highest possible utilisation rate of capital and human resources, and ensuring the highest level of security, transparency and democratic control, and, where possible, implementing the "privacy by design" principle.
Amendment 47 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) To prevent the Agency from function creeping and from developing schemes in its own interest, it should be responsible for monitoring research and for pilot schemes only at the specific and precise request of the European Parliament, the Commission or the European Data Protection Supervisor and only within the framework of the large-scale IT systems which it is already in charge of.
Amendment 48 #
Proposal for a regulation
Recital 13
Recital 13
(13) Within the framework of their respective competences, the Agency should cooperate with other agencies of the European Union, especially agencies established in the area of freedom, security and justice and, in particular, those concerned with the defence of fundamental rights.
Amendment 51 #
Proposal for a regulation
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
Operational management shall consist of all the tasks necessary to keep the large- scale IT systems referred to in the first paragraph functioning in accordance with the specific provisions applicable to each of those IT systems, including responsibility for the communication infrastructure used by the IT systems. There shall be by no means the possibility of interoperability between those large- scale IT systems.
Amendment 55 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. UponOnly at the specific and precise request of the CommissionEuropean Parliament, the Commission or the European Data Protection Supervisor, and after informing the Council at least three months in advance, the Agency shallmay implement pilot schemes for the development and/or the operational management ofas referred to in Article 49(6), point (a), of Regulation (EC, Euratom) No 1605/2002, but only within the framework of the large- scale IT systems of which it is already in charge, in application of Title V of the Treaty on the Functioning of the European Union. 1a. The European Parliament, the Council and the European Data Protection Supervisor shall be consulted when proposals are drawn up for the further development of those pilot schemes.
Amendment 76 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The Agency shall also apply the security principles relating to the processing of non- classified sensitive information as adopted and implemented by the European Commission. In addition, the Agency shall apply the security principles and relevant provisions of the legal instruments concerning the three large-scale IT systems SIS II, VIS and EURODAC.
Amendment 77 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Within threewo years from the date of the Agency having taken up its responsibilities, and every fivthree years thereafter, the Management Board shall commission an independent external evaluation of the implementation of this Regulation on the basis of terms of reference issued by the Management Board after consultation with the CommissionEuropean Parliament, the Council, the Commission and the European Data Protection Supervisor.
Amendment 79 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The evaluation shall assess the utility, relevance and effectiveness of the Agency and its working practices. It shall also assess the protection of data, data security and respect for fundamental rights. The evaluation shall take into account the views of stakeholders, including parliaments and data protection supervisors, at both European and national level.