BETA

176 Amendments of Cornelia ERNST related to 2017/0352(COD)

Proposal for a regulation
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The European Parliament rejects the Commission proposal.

2018/07/24
Committee: LIBE

Proposal for a regulation
Title 1

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on establishing a framework for inter~~operabil~~connectivity between EU information systems (police and judicial cooperation, asylum and migration) (The change from ‘interoperability' to ‘interconnectivity' applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 9

(9) With a view to ~~improve~~ the management of the external borders, to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom, security and justice of the Union, including the maintenance of public security and public policy and safeguarding the security in the territories of the Member States, interoperabilityinteraction between EU information systems, namely [the Entry/Exit System (EES)], the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], ~~Eurodac,~~ the Schengen Information System (SIS), ~~and the [European Criminal Records Information System for third-country nationals (ECRIS-TCN)]~~ should be established in order for these EU information systems and their data to supplement each other. To achieve this, a European search portal (ESP)~~, a shared biometric matching service (shared BMS), a common identity repository (CIR) and a multiple-identity detector (MID) should be established as interoperability components.~~ should be established maintaining all the requirements of the existing legal instruments, namely access rights and purpose limitation. (The deletion of references to EURODAC and ECRIS-TCN applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

2018/07/24
Committee: LIBE

(10) The inter~~operabil~~connectivity between the EU information systems should allow said systems to ~~supplement~~crosscheck each other in order to ~~facilitate the correct identification of persons,~~ contribute to fighting identity fraud, improve and harmonise data quality requirements of the respective EU information systems, facilitate the technical and operational implementation by Member States of existing and future EU information systems, strengthen ~~and simplify~~ the data security and data protection safeguards that govern the respective EU information systems~~, streamline the law enforcement access to the EES, the VIS, the [ETIAS] and Eurodac, and support the purposes of the EES, the VIS, the [ETIAS], Eurodac, the SIS and the [ECRIS-TCN system]~~.

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 11

(11) The inter~~operabil~~connectivity components should cover the EES, the VIS, the [ETIAS]~~, Eurodac, the SIS, and the [ECRIS-TCN system]. They should also cover the Europol data to the extent of enabling it to be queried simultaneously with these EU information systems~~ and the SIS.

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 12

(12) The interoperability components should concern persons in respect of whom personal data may be processed in the EU information systems and by Europol, namely third-country nationals whose personal data is processed in the EU information systems and by Europol, and to EU citizens whose personal data is processed in the SIS and by Europol.deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 13

(13) The European search portal (ESP) should be established to facilitate technically the ability of Member State authorities and EU bodies to have fast, seamless, efficient, systematic and controlled access to the relevant EU information systems, ~~the Europol data and the Interpol databases needed to perform their tasks,~~always in accordance with their access rights, and to support the objectives of the EES, the VIS, the [ETIAS], Eurodac, the SIS, the [ECRIS-TCN system] and the Europol data. Enabling the simultaneous querying of all relevant EU information systems in parallel, as well as of the Europol data and the Interpol databasepurpose limitations. Enabling the simultaneous querying of all relevant EU information systems in parallel, in full respect of the access control and data protection requirements of the underlying systems, the ESP should act as a single window or ‘message broker’ to search various central systems and retrieve the necessary information seamlessly ~~and in full respect of the access control and data protection requirements of the underlying systems~~.

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 15

(15) The European search portal (ESP) should be developed and configured in such a way that it fully respects purpose and access limitations and, additionally, does not allow the use of fields of data for the query that are not related to persons or travel documents or that are not present in an EU information system~~, in the Europol data or in the Interpol database~~.

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 16

(16) To ensure fast and systematic use of all relevant EU information systems, the European search portal (ESP) should be used to query the common identity repository, the EES, the VIS, [the ETIAS]~~, Eurodac and [the ECRIS-TCN system]~~. However, the national connection to the different relevant EU information systems should remain in order to provide a technical fall back. ~~The ESP should also be used by Union bodies to query the Central SIS in accordance with their access rights and in order to perform their tasks.~~ The ESP should be an additional means to query the Central SIS, ~~the Europol data and the Interpol systems,~~ complementing the existing dedicated interfaces.

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 17

(17) Biometric data, such as fingerprints and facial images, are unique and therefore much more reliable than alphanumeric data for identifying a person. The shared biometric matching service (shared BMS) should be a technical tool to reinforce and facilitate the work of the relevant EU information systems and the other interoperability components. The main purpose of the shared BMS should be to facilitate the identification of an individual who may be registered in different databases, by matching their biometric data across different systems and by relying on one unique technological component instead of five different ones in each of the underlying systems. The shared BMS should contribute to security, as well as financial, maintenance and operational benefits by relying on one unique technological component instead of different ones in each of the underlying systems. All automated fingerprint identification systems, including those currently used for Eurodac, the VIS and the SIS, use biometric templates comprised of data derived from a feature extraction of actual biometric samples. The shared BMS should regroup and store all these biometric templates in one single location, facilitating cross-system comparisons using biometric data and enabling economies of scale in developing and maintaining the EU central systems.deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 17

(17) Biometric data, such as fingerprints and facial images, are unique and therefore much more reliable than alphanumeric data for identifying a person. The shared biometric matching service (shared BMS) should be a technical tool to reinforce and facilitate the work of the relevant EU information systems and the other interoperability components. The main purpose of the shared BMS should be to facilitate the identification of an individual who may be registered in different databases, by matching their biometric data across different systems and by relying on one unique technological component instead of five different ones in each of the underlying systems. The shared BMS should contribute to security, as well as financial, maintenance and operational benefits by relying on one unique technological component instead of different ones in each of the underlying systems. All automated fingerprint identification systems, including those currently used for ~~Eurodac,~~ the VIS and the SIS, use biometric templates comprised of data derived from a feature extraction of actual biometric samples. The shared BMS should regroup and store all these biometric templates in one single location, facilitating cross-system comparisons using biometric data and enabling economies of scale in developing and maintaining the EU central systems.

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 18

(18) Biometric data and biometric templates constitute sensitive personal data. This regulation should lay down the basis for and the safeguards for processing of such data and templates for the purpose of uniquely identifying the persons concerned.

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 19

(19) The systems established by Regulation (EU) 2017/2226 of the European Parliament and of the Council54 ,and Regulation (EC) No 767/2008 of the European Parliament and of the Council55 , [the ETIAS Regulation] for the management of the borders of the Union, the system established by [the Eurodac Regulation] to identify the applicants for international protection and combat irregular migration, and the system established by [the ECRIS-TCN system Regulation] require in order to be effective to rely on the accurate identification of the third-country nationals whose personal data are stored therein. _________________ 54 Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (EES Regulation) (OJ L 327, 9.12.2017, p. 20–82). 55 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).

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 20

(20) The common identity repository (CIR) should therefore facilitate and assist in the correct identification of persons registered in the EES, the VIS, [the ETIAS], Eurodac and [the ECRIS- TCN system].deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 21

(21) Personal data stored in these EU information systems may relate to the same persons but under different or incomplete identities. Member States dispose of efficient ways to identify their citizens or registered permanent residents in their territory, but the same is not true for third-country nationals. The interoperability between EU information systems should contribute to the correct identification of third-country nationals. The common identity repository (CIR) should store the personal data concerning third-country nationals present in the systems that are necessary to enable the more accurate identification of those individuals, therefore including their identity, travel document and biometric data, regardless of the system in which the data was originally collected. Only the personal data strictly necessary to perform an accurate identity check should be stored in the CIR. The personal data recorded in the CIR should be kept for no longer than is strictly necessary for the purposes of the underlying systems and should be automatically deleted when the data is deleted in the underlying systems in accordance with their logical separation.

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 22

(22) The new processing operation consisting in the storage of such data in the common identity repository (CIR) instead of the storage in each of the separate systems is necessary to increase the accuracy of the identification that is made possible by the automated comparison and matching of such data. The fact that the identity and biometric data of third-country nationals is stored in the CIR should not hinder in any way the processing of data for the purposes of the EES, the VIS, the ETIAS, Eurodac or the ECRIS-TCN system Regulations, as the CIR should be a new shared component of those underlying systems.deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 23

(23) In that connection, creating an individual file in the common identity repository (CIR) for each person that is recorded in the EES, the VIS, the ETIAS, Eurodac or the ECRIS-TCN system, is necessary to achieve the purpose of correct identification of third-country nationals within the Schengen area, and to support the multiple-identity detector for the dual purpose of facilitating identity checks for bona fide travellers and combating identity fraud. The individual file should store in one single place and make accessible to the duly authorised end-users all the possible identities linked to a person.deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 24

(24) The common identity repository (CIR) should thus support the functioning of the multiple-identity detector and to facilitate and streamline access by law enforcement authorities to the EU information systems that are not established exclusively for purposes of prevention, investigation, detection or prosecution of serious crime.deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 25

(25) The common identity repository (CIR) should provide for a shared container for identity and biometric data of third-country nationals registered in the EES, the VIS, [the ETIAS], Eurodac and the [ECRIS-TCN system], serving as the shared component between these systems for storage of this data, and to allow its querying.deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 26

(26) All records in the common identity repository (CIR) should be logically separated by automatically tagging each record with the underlying system owning that record. The access control of the CIR should use these tags to allow the record to be accessible or not.deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 27

(27) In order to ensure the correct identification of a person, Member State authorities competent for preventing and combating irregular migration and competent authorities within the meaning of Article 3(7) of Directive 2016/680 should be allowed to query the common identity repository (CIR) with the biometric data of that person taken during an identity check.deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 28

(28) Where the biometric data of the person cannot be used or if the query with that data fails, the query should be carried out with identity data of that person in combination with travel document data. Where the query indicates that data on that person are stored in the common identity repository (CIR), Member State authorities should have access to consult the identity data of that person stored in the CIR, without providing any indication as to which EU information system the data belongs to.deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 29

(29) Member States should adopt national legislative measures designating the authorities competent to perform identity checks with the use of the common identity repository (CIR) and laying down the procedures, conditions and criteria of such checks in line with the principle of proportionality. In particular, the power to collect biometric data during an identity check of a person present before the member of those authorities should be provided for by national legislative measures.deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 31

(31) Full access to the necessary data contained in the EU information systems necessary for the purposes of preventing, detecting and investigating terrorist offences or other serious criminal offences, beyond the relevant identity data ~~covered under common identity repository (CIR)~~ obtained using biometric data of that person taken during an identity check, should continue to be governed by the provisions in the respective legal instruments. The designated law enforcement authorities and Europol do not know in advance which of the EU information systems contains data of the persons they need to inquire upon. This results in delays and inefficiencies in the conduct of their tasks. The end-user authorised by the designated authority should therefore be allowed to see in which of the EU information systems the data corresponding to the query introduced are recorded. The concerned system would thus be flagged following the automated verification of the presence of a hit in the system (a so-called hit-flag functionality).

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 32

(32) The logs of the all queries ~~of the common identity repository~~ should indicate the purpose of the query. Where such a query was performed using the two- step data consultation approach, the logs should include a reference to the national file of the investigation or case, therefore indicating that such query was launched for the purposes of preventing, detecting and investigating terrorist offences or other serious criminal offences.

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 33

(33) The query ~~of the common identity repository (CIR)~~ by Member State designated authorities and Europol in order to obtain a hit-flag type of response indicating the data is recorded in the EES, the VIS, or [the ETIAS] ~~or Eurodac~~ requires automated processing of personal data. A hit-flag would ~~not~~ reveal personal data of the concerned individual ~~other than~~in the form of an indication that some of his or her data are stored in one of the systems if the end-user has access rights to the database/system that these data are stored in. No adverse decision for the concerned individual should be made by the authorised end-user solely on the basis of the simple occurrence of a hit-flag. Access by the end-user of a hit-flag would therefore realise a very limited interference with the right to protection of personal data of the concerned individual, while it would be necessary to allow the designated authority and Europol to address its request for access for personal data more effectively directly to the system that was flagged as containing it while respecting purpose limitation and access rights .

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 34

(34) The two-step data consultation approach is particularly valuable in cases where the suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence is unknown. In those cases the common identity repository (CIR) should enable identifying the information system that knows the person in one single search. By creating the obligation to use this new law enforcement access approach in these cases, access to the personal data stored in the EES, the VIS, [the ETIAS] and Eurodac should take place without the requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system of other Member States under Decision 2008/615/JHA. The principle of prior search effectively limits the possibility of Member State’ authorities to consult systems for justified law enforcement purposes and could thereby result in missed opportunities to uncover necessary information. The requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system of other Member States under Decision 2008/615/JHA should only cease to apply once the alternative safeguard of the two-step approach to law enforcement access through the CIR has become operational.deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 35

(35) The multiple-identity detector (MID) should be established to support the functioning of the common identity repository and to support the objectives of the EES, the VIS, [the ETIAS], Eurodac, the SIS and [the ECRIS-TCN system]. In order to be effective in fulfilling their respective objectives, all of these EU information systems require the accurate identification of the persons whose personal data are stored therein.deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 36

(36) The possibility to achieve the objectives of the EU information systems is undermined by the current ~~inabili~~difficulty for the authorities using these systems to conduct sufficiently reliable verifications of the identities of the third-country nationals whose data are stored in different systems. That ~~inabili~~difficulty is determined by the fact that the set of identity data stored in a given individual system may be fraudulent, incorrect, or incomplete, and that there is currently no possibility to detect such fraudulent, incorrect or incomplete identity data by way of comparison with data stored in another system. To remedy this situation it is necessary to have a technical instrument at Union level allowing accurate identification of third-country nationals for these purposes.

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 37

(37) The multiple-identity detector (MID) should create and store links between data in the different EU information systems in order to detect multiple identities, with the dual purpose of facilitating identity checks for bona fide travellers and combating identity fraud. The MID should only contain the links between individuals present in more than one EU information system, strictly limited to the data necessary to verify that a person is recorded lawfully or unlawfully under different biographical identities in different systems, or to clarify that two persons having similar biographical data may not be the same person. Data processing through the European search portal (ESP) and the shared biometric matching service (shared BMS) in order to link individual files across individual systems should be kept to an absolute minimum and therefore is limited to a multiple-identity detection at the time new data is added to one of the information systems included in the common identity repository and in the SIS. The MID should include safeguards against potential discrimination or unfavourable decisions for persons with multiple lawful identities.deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 38

(38) This Regulation provides for new data processing operations aimed at identifying the persons concerned correctly. This constitutes an interference with their fundamental rights as protected by Articles 7 and 8 of the Charter of Fundamental Rights. Since the effective implementation of the EU information systems is dependent upon correct identification of the individuals concerned, such interference is justified by the same objectives for which each of those systems have been established, the effective management of the Union's borders, the internal security of the Union, the effective implementation of the Union's asylum and visa policies and the fight against irregular migration.

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 39

(39) The European search portal (ESP) and shared biometric matching service (shared BMS) should compare data in common identity repository (CIR) and SIS on persons when new records are created by a national authority or an EU body. Such comparison should be automated. The CIR and the SIS should use the shared BMS to detect possible links on the basis of biometric data. The CIR and the SIS should use the ESP to detect possible links on the basis of alphanumeric data. The CIR and the SIS should be able to identify identical or similar data on the third-country national stored across several systems. Where such is the case, a link indicating that it is the same person should be established. The CIR and the SIS should be configured in such a way that small transliteration or spelling mistakes are detected in such a way as not to create any unjustified hindrance to the concerned third-country national.deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 40

(40) The national authority or EU body that recorded the data in the respective EU information system should confirm or change these links. This authority should have access to the data stored in the common identity repository (CIR) or the SIS and in the multiple-identity detector (MID) for the purpose of the manual identity verification.deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 41

(41) Access to the multiple-identity detector (MID) by Member State authorities and EU bodies having access to at least one EU information system included in the common identity repository (CIR) or to the SIS should be limited to so called red links where the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person, or where the linked data has similar identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person. Where the linked identity data is not similar, a yellow link should be established and a manual verification should take place in order to confirm the link or change its colour accordingly.deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 43

(43) For the links obtained in relation to the Schengen Information System (SIS) related to the alerts in respect of persons wanted for arrest or for surrender or extradition purposes, on missing or vulnerable persons, on persons sought to assist with a judicial procedure, on persons for discreet checks or specific checks or on unknown wanted persons, the authority responsible for the verification of multiple identities should be the SIRENE Bureau of the Member State that created the alert. Indeed those categories of SIS alerts are sensitive and should not necessarily be shared with the authorities creating or updating the data in one of the other EU information systems. The creation of a link with SIS data should be without prejudice to the actions to be taken in accordance with the [SIS Regulations]. A link should only be created for types of alerts relating to serious criminal offences as defined in Article 4 (25) and (26) of the current Regulation and cannot be created for types of alerts that concern EU or dual citizens.

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 44

(44) eu-LISA should establish automated data quality control mechanisms and common data quality indicators. eu- LISA should be responsible to develop a central monitoring capacity for data quality and to produce regular data analysis reports to improve the control of implementation and application by Member States of EU information systems. The common quality indicators should include the minimum quality standards to store data in the EU information systems ~~or the interoperability components~~. The goal of such a data quality standards should be for the EU information systems ~~and interoperability components~~ to automatically identify apparently incorrect or inconsistent data submissions so that the originating Member State is able to verify the data and carry out any necessary remedial actions.

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 45

(45) The Commission should evaluate eu-LISA quality reports and should issue recommendations to Member States where appropriate. Member States should be responsible for preparing an action plan describing actions to remedy any deficiencies in data quality and fundamental rights and should report on its progress regularly.

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 47

(47) A central repository for reporting and statistics (CRRS) should be established to generate cross-system statistical data and analytical reporting for policy, operational and data quality purposes. eu-LISA should establish, implement and host the CRRS in its technical sites containing anonymous statistical data from the above-mentioned systems, the common identity repository, the multiple-identity detector and the shared biometric matching service (shared BMS). The data contained in the CRRS should not enable the identification of individuals. eu-LISA should render the data anonymous and should record such anonymous data in the CRRS. The process for rendering the data anonymous should be automated and no direct access by eu-LISA staff should be granted to any personal data stored in the EU information systems or in the interoperability components.deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 51

(51) The national supervisory authorities established in accordance with [Regulation (EU) 2016/679] or Directive (EU) 2016/680 should monitor the lawfulness of the processing of personal data by the Member States, whilst the European Data Protection Supervisor as established by Regulation (EC) No 45/2001 should monitor the activities of the Union institutions and bodies in relation to the processing of personal data. The European Data Protection Supervisor and the supervisory authorities should cooperate with each other in the monitoring of the processing of personal data ~~by interoperability components~~.

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 55

(55) To support the purposes of statistics and reporting on possible negative impact on fundamental rights, it is necessary to grant access to authorised staff of the competent authorities, institutions and bodies identified in this Regulation to consult certain data related to certain interoperability components without enabling individual identification.

2018/07/24
Committee: LIBE

Proposal for a regulation
Recital 56

(56) In order to allow competent authorities and the EU bodies to adapt to the new requirements on the use of the European search portal (ESP), it is necessary to provide for a transitional period. ~~Similarly, in order to allow for the coherent and optimal functioning of the multiple-identity detector (MID), transitional measures should be established for the start of its operations.~~

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation, together with [Regulation 2018/xx on interoperability borders and visa], establishes a framework to ensure the inter~~operabil~~connectivity between the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)]~~, Eurodac,~~ and the Schengen Information System (SIS)~~, and [the European Criminal Records Information System for third-country nationals (ECRIS-TCN)]~~ in order for those systems and data to supplement each other.

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 2 – point c

~~(c) a common identity repository (CIR);~~deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 2 – point d

~~(d) a multiple-identity detector (MID).~~deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 3

3. This Regulation also lays down provisions on data quality requirements, on a Universal Message Format (UMF)~~, on a central repository for reporting and statistics (CRRS)~~ and lays down the responsibilities of the Member States and of the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA), with respect to the design and operation of the interoperability components.

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 4

4. This Regulation also adapts the procedures and conditions for Member State law enforcement authorities and for the European Union Agency for Law Enforcement Cooperation (Europol) access to the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS),] and Eurodac for the purposes of the prevention, detection and investigation of terrorist offences or of other serious criminal offences falling under their competence.deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point b

~~(b) to contribute to preventing and combating irregular migration;~~deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) to contribute to a high level of security within the area of freedom, security and justice of the Union including the maintenance of public security and ~~public policy and~~ safeguarding the security in the territories of the Member States;

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point e

~~(e) to assist in examining application for international protection.~~deleted

2018/07/24
Committee: LIBE

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

~~(a) ensuring the correct identification of persons;~~deleted

2018/07/24
Committee: LIBE

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

~~(b) contributing to fighting identity fraud;~~deleted

2018/07/24
Committee: LIBE

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

(e) strengthening and ~~simplifying and~~ making more uniform the data security and data protection conditions that govern the respective EU information systems;

2018/07/24
Committee: LIBE

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

~~(f) streamlining the conditions for law enforcement access to the EES, the VIS, [the ETIAS] and Eurodac;~~deleted

2018/07/24
Committee: LIBE

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

(g) supporting the purposes of the EES, the VIS, [the ETIAS], Eurodac, the SIS ~~and [the ECRIS-TCN system]~~.

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 1

1. This Regulation applies to ~~Eurodac,~~ the Schengen Information System (SIS) and [the European Criminal Records Information System for third- country nationals (ECRIS-TCN)].

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 2

2. This Regulation also applies to ~~the~~data held by Europol ~~data~~, to the extent ~~of enabling~~needed in order to querying it simultaneously to with other EU information systems referred to in paragraph 1 in accordance with Union law.

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 3

~~3. This Regulation applies to persons in respect of whom personal data may be processed in the EU information systems referred to in paragraph 1 and in the Europol data referred to in paragraph 2.~~deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 3 a (new)

3a. This Regulation shall not apply to personal data relating to an identified, or identifiable citizen of the EU.

2018/07/24
Committee: LIBE

(7) ‘third-country national’ means a person who is not a citizen of the Union within the meaning of Article 20(1) of the Treaty, or a stateless person not residing in the EU or a person whose nationality is unknown;

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 1 – point 9

(9) ‘identity data’ means the data ~~referred to in Article 27(3)(a) to (h);~~: names, nationality, date and place of birth.

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 1 – point 20

(20) ‘Interpol databases’ means the Interpol Stolen and Lost Travel Document database (SLTD) ~~and the Interpol Travel Documents Associated with Notices database (Interpol TDAWN)~~;

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 1 – point 35

~~(35) 'CIR' means the common identity repository as referred to in Article 17;~~deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 1 – point 36

~~(36) 'MID' means the multiple-identity detector as referred to in Article 25;~~deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 1 – point 37

~~(37) 'CRRS' means the central repository for reporting and statistics as referred to in Article 39.~~deleted

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 5 – paragraph 1

Processing of personal data for the purposes of this Regulation shall not result in discrimination against persons on any grounds such as sex, social, racial or ethnic origin, religion or belief, disability, age or sexual orientation. It shall fully respect human dignity and integrity. Particular attention shall be paid to children, the elderly and persons with a disability.

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)

To this end, no biometric data of children, elderly and persons with disabilities shall be processed.

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 6 – paragraph 1

1. A European search portal (ESP) is established for the purposes of ensuring that Member State authorities and EU bodies have fast, seamless, efficient, systematic and controlled access to the EU information systems, the Europol data and the Interpol databases that they need to perform their tasks in accordance with their access rights and of supporting the objectives of the EES, the VIS, [the ETIAS], ~~Eurodac, the SIS, [the ECRIS- TCN system]~~the SIS, and the Europol data.

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 6 – paragraph 2 – point a

(a) a central infrastructure, including a search portal enabling the simultaneous querying of the EES, the VIS, [the ETIAS], ~~Eurodac, the SIS, [the ECRIS-TCN system]~~the SIS, as well as of the Europol data and the Interpol databases;

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 6 – paragraph 2 – point c

(c) a secure communication infrastructure between the ESP and the EES, the VIS, [the ETIAS], Eurodac, the Central-SIS, ~~[the ECRIS-TCN system],~~ the Europol data and the Interpol databases ~~as well as between the ESP and the central infrastructures of the common identity repository (CIR) and the multiple-identity detector~~.

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 1

1. The use of the ESP shall be reserved to the Member State authorities and EU bodies having access to the EES, [the ETIAS], the VIS, the SIS, ~~Eurodac and [the ECRIS-TCN system], to the CIR and the multiple-identity detector~~ as well as the Europol data and the Interpol databases in accordance with Union or national law governing such access.

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 2

2. The authorities referred to in paragraph 1 shall use the ESP to search data related to persons or their travel documents in the central systems of Eurodac and [the ECRIS-TCN system] in accordance with their access rights under Union and national law. ~~They shall also use the ESP to query the CIR in accordance with their access rights under this Regulation for the purposes referred to in Articles 20, 21 and 22.~~

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 8 – paragraph 1 – point a a (new)

(aa) the purpose for which the EU information systems, the Europol data and the Interpol databases may be accessed;

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 9 – paragraph 1

1. The users of the ESP shall launch a query by introducing data in the ESP in accordance with their user profile and access rights. Where a query has been launched, the ESP shall query simultaneously, with the data introduced by the user of the ESP, the EES, [the ETIAS], the VIS, the SIS, ~~Eurodac, [the ECRIS-TCN system] and the CIR~~ as well as the Europol data and the Interpol databases.

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 9 – paragraph 4

4. The EES, [the ETIAS], the VIS, the SIS, ~~Eurodac, [the ECRIS-TCN system], the CIR and the multiple-identity detector,~~ as well as the Europol data and the Interpol databases, shall provide the data that they contain resulting from the query of the ESP.

2018/07/24
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – introductory part

1. Without prejudice to [Article 39 of the Eurodac Regulation], [Articles 12 and 18 of the Regulation on SIS in the field of law enforcement], [Article 29 of the ECRIS-TCN Regulation] and Article 40 of Regulation (EU) 2016/794, eu-LISA shall keep logs of all data processing operations within the ESP. Those logs shall include, in all cases and in particular, the following:

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point b a (new)

(ba) the exact purpose of the query;

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1 – point d

(d) in accordance with national rules or ~~with Regulation (EU) 2016/794 or,~~ when applicable, Regulation (EU) 45/2001, the identifying mark of the person who carried out the query., the name of the authority which requested the query and of the official who ordered it;

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 2

2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. Those logs shall be protected by appropriate measures against unauthorised access and erased onthree years after the~~ir creation, unles~~ datasets they are ~~required for monitoring procedures that have already begun~~fer to have been deleted.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 1

1. A shared biometric matching service (shared BMS) ~~storing biometric templates and~~ enabling querying with biometric data across ~~several~~relevant EU information systems is established ~~for the purposes of supporting the CIR and the multiple-identity detector and the objectives of the EES, the VIS, Eurodac, the SIS and [the ECRIS-TCN system]~~.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 2 – point a

(a) a ~~central infrastructure, including a search engine and the storage of~~search engine in order to query the relevant EU databases with the data referred to in Article 13;

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 2 – point b

(b) a secure communication infrastructure between the shared BMS, and the Central-SIS ~~and the CIR~~.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 13 – paragraph 1 – point c

(c) [the ~~data~~fingerprints referred to in Article 20(2)(w) and (x) of the Regulation on SIS in the field of border checks;

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 13 – paragraph 1 – point d

(d) the data referred to in Article 20(3)(w) ~~and (x)~~ of the Regulation on SIS in the field of law enforcement;

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 13 – paragraph 1 – point e

(e) the ~~data~~fingerprints referred to in Article 4(3)(t) and (u) of the Regulation on SIS in the field of illegal return];

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 13 – paragraph 2

2. The shared BMS shall include in each biometric template a reference to the information systems in which the corresponding biometric data is stored. In all cases, in full respect of purpose limitation, the officer launching a query in the BMS shall only be able to see the references to those information systems that he or she is authorised to access.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 14

Searching biometric data with the shared In order to search the biometric data stored within the CIR and the SIS, the CIR and the SIS shall use the biometric templates stored in the shared BMS. Queries with biometric data shall take place in accordance with the purposes provided for in this Regulation and in the EES Regulation, the VIS Regulation, the Eurodac Regulation, the [SIS Regulations] and [the ECRIS-TCN Regulation].Article 14 deleted biometric matching service

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 15 – paragraph 1

The data referred to in Article 13 shall be stored in the shared BMS for as long as the corresponding biometric data is stored in the ~~CIR or the SIS~~SIS and automatically deleted when the data retention time, as regulated in the individual IT system, expires.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)

(ca) the exact purpose of the query;

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 16 – paragraph 1 – point g

(g) in accordance with national rules ~~or with Regulation (EU) 2016/794~~ or, when applicable, Regulation (EU) 45/2001, the identifying mark of the person who carried out the query. and the name of the authority which requested the query and of the official who ordered it;

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 16 – paragraph 2

2. The logs may be used only for data protection monitoring and monitoring the impact on fundamental rights, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. Those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation, unless they are required for monitoring procedures that have already begun. The logs referred to in paragraph 1(a) shall be erased once the data is erased.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 17

1. (CIR), creating an individual file for each person that is recorded in the EES, the VIS, [the ETIAS], Eurodac or [the ECRIS-TCN system] containing the data referred to in Article 18, is established for the purpose of facilitating and assisting the correct identification of persons registered in the EES, the VIS, [the ETIAS], the Eurodac and [the ECRIS- TCN system], of supporting the functioning of the multiple-identity detector and of facilitating and streamlining access by law enforcement authorities to non-law enforcement information systems at EU level, where necessary for the prevention, investigation, detection or prosecution of serious crime. 2. (a) replace the central systems of respectively the EES, the VIS, [the ETIAS], Eurodac and [the ECRIS-TCN system] to the extentArticle 17 deleted Common identity repository A common identity repository The CIR shall be composed of: a central infrastructure that it shall store the data referred to in Article 18; (b) between the CIR, Member States and EU bodies that are entitled to use the European search portal (ESP) in accordance with Union law; (c) infrastructure between the CIR and the EES, [the ETIAS], the VIS, Eurodac and [the ECRIS-TCN system] as well as with the central infrastructures of the ESP, the shared BMS and the multiple-identity detector. 3. ensure its technical management.a secure communication channel a secure communication eu-LISA shall develop the CIR and

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 18

~~The common identity repository data~~Article 1.8 data – logically separated – according to the information system from which the data was originated: (a) (b) (c) (d) 13(a) to (e), (g) and (h) of the [Eurodac Regulation;] (e) 5(1)(b) and 5(2) and the following data of Article 5(1)(a) of the ECRIS-TCN Regulation: surname or family name; first name(s) (given name(s)); sex; date of birth; place and country of birth; nationality or nationalities; gender and where applicable previous names, pseudonyms(s) and/or alias name(s).] 2. For each set of data referred to in paragraph 1, the CIR shall include a reference to the information systems to which the data belongs. 3. The storage of the data referred to in paragraph 1 shall meet the quality standardseleted The CIR shall store the following – (not applicable); – (not applicable); – (not applicable); [the data referred to in Article [the data referred to in Article ~~37(2).~~

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 19

A~~dding, amending and deleting data in~~rticle 1.9 deleted in Eurodac or [the ECRIS-TCN system], the data referred to in Article 18 stored in the individual file of the CIR shall be added, amended or deleted accordingly in an automated manner. 2. detector creates a white or red link in accordance with Articles 32 and 33 between the data of two or more of the EU information systems constituting the CIR, instead of creating a new individual file, the CIR shall add the new data to the individual file of the linked data.the common identity repository Where data is added, amended or Where the multiple-identity

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 20

Access to the common identity repository 1. authority has been so empowered by national legislative measures as referred to in paragraph 2, it may, solely for the purpose of identifying a person, query the CIR with the biometric data of that person taken during an identity check. Where the query indicates that data on that person is stored in the CIR, the Member States authority shall have access to consult the data referred to in Article 18(1). Where the biometric data of the person cannot be used or where the query with that data fails, the query shall be carried out with identity data of the person in combination with travel document data, or with the identity data provided by that person. 2. themselves of the possibility provided for in this Article shall adopt national legislative measures. Such legislative measures shall specify the precise purposes of identity checks within the purposes referred to in Article 2(1)(b) and (c). They shall designate the police authorities competent and lay down the procedures, conditions and criteria of such checks.rticle 20 deleted for identification Where a Member State police Member States wishing to avail

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 21

Access to the common identity repository for the detection of multiple identities 1. in a yellow link in accordance with Article 28(4), the authority responsible for the verification of different identities determined in accordance with Article 29 shall have access, solely for the purpose of that verification, to the identity data stored in the CIR belonging to the various information systems connected to a yellow link. 2. in a red link in accordance with Article 32, the authorities referred to in Article 26(2) shall have access, solely for the purposes of fighting identity fraud, to the identity data stored in the CIR belonging to the various information systems connected to a red link.rticle 21 deleted Where a query of the CIR results Where a query of the CIR results

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 22

Querying the common identity repository 1. detecting and investigating terrorist offences or other serious criminal offences in a specific case and in order to obtain information on whether data on a specific person is present in Eurodac, the Member State designated authorities and Europol may consult the CIR. 2. authorities and Europol shall not be entitled to consult data belonging to [the ECRIS-TCN] when consulting the CIR for the purposes listed in paragraph 1. 3. indicates data on that person isArticle 22 deleted for law enforcement purposes For the purposes of presvent in ~~Eurodac the CIR shall provide to~~g, Member States' designated authorities and Europol a reply in the form of a reference indicating which of the information systems contains matching data referred to in Article 18(2). The CIR shall reply in such a way that the security of the data is not compromised. 4. in the EU information systems for the purposes of preventing, detecting and investigating terrorist offences or other serious criminal offences remains subject to the conditions and procedures laid down in the respective legislative instruments governing such access.Where, in reply to a query the CIR Full access to the data contained

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 23

Data retention in the common identity 1. The data referred to in Article 18(1) and (2) shall be deleted from the CIR in accordance with the data retention provisions of [the Eurodac Regulation] and [the ECRIS-TCN Regulation] respectively. 2. in the CIR for as long as the corresponding data is stored in at least one of the information systems whose data is contained in the CIR. The creation of a link shall not affect the retention period of each item of the linked data.Article 23 deleted repository The individual file shall be stored

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 24

~~[...]~~deleted

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 25

~~1. creating and storing links between data in the EU information systems included in the common identity repository (CIR) and the SIS and as a consequence detecting m~~Article 25 deleted Multiple -identities, with the dual purpose of facilitating identity checks and combating identity fraud, is established for the purpose of supporting the functioning of the CIR and the objectives of the EES, the VIS, the ETIAS], Eurodac, the SIS and [the ECRIS-TCN system]. 2. (a) links and references to information systems; (b) infrastructure to connect the MID with the SIS and the central infrastructures of the European search portal and the CIR. 3. eu-LISA shall develop the MID and ensure its technical management.y detector A multiple-identity detector (MID) The MID shall be composed of: a central infrastructure, storing a secure communication

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 25 – paragraph 3 a (new)

3a. Eu-LISA(and the competent authorities of the Member States) should use appropriate procedures for the profiling, implement technical and organizational measures appropriate to ensure, in particular, that factors which result in inaccuracies in personal data are corrected and the risk of errors is minimized, secure personal data in a manner that takes account of the potential risks involved for the interests and rights of the data subject and that prevents discriminatory effects on natural persons on the basis of social, racial or ethnic origin, political opinion, religion or beliefs, trade union membership, genetic or health status or sexual orientation, or that result in measures having such effect.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 25 – paragraph 3 b (new)

3b. The process of creating links for the purpose of multiple-identity detection constitutes profiling within the meaning of Article 4(4) of Regulation (EU) 2016/679 and Article 3(4) of Directive (EU) 2016/680. Transparency towards the individuals and adequate safeguards, as provided by relevant EU law, in particular Article 22 of Regulation (EU) 2016/679 and Article 11 of Directive (EU) 2016/680 should be therefore guaranteed.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 26

Access to the multiple-identity detector 1. identity verification referred to in Article 29, access to the data referred to in Article 34 stored in the MID shall be granted to: (a) (b) (c) (d) the authorities competent to asrticle 26 deleted For the purposess a request for international protection provided for in the Eurodac Regulation when assessing a new request for international protection; (e) Member State creating a [Regulation on SIS in the field of law enforcement or Regulation on SIS in the field of illegal return]; (f) [the central authorities of the convicting Member State when recording or updating data in the ECRIS-TCN system in accordance with Article 5 of the ECRIS-TCN Regulation.] 2. bodies having access to at least one EU information system included in the common identity repository or to the SIS shall have access to the data referred to in Article 34(a) and (b) regarding any red links as referred to in Article 32.of the manual – (not applicable); – (not applicable); – (not applicable); the SIRENE Bureaux of the Member State authorities and EU

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 27

~~[...]~~deleted

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 28

Results of the multiple-identity detection 1. Article 27(2) and (3) do not report any hit, the procedures referred to in Article 27(1) shall continue in accordance with the respective Regulations governing them. 2. Article 27(2) and (3) reports one or several hit(s), the common identity repository and, where relevant, the SIS shall create a link between the data used to launch the query and the data triggering the hit. Where several hits are reported, a link shall be created between all data triggering the hit. Where data was already linked, the existing link shall be extended to the data used to launch the query. 3. Article 27(2) or (3) reports one or several hit(s) and the identity data of the linked files is identical or similar, a white link shall be created in accordance with Article 33. 4. Article 27(2) or (3) reports one or several hit(s) and the identity data of the linked files cannot be considered as similar, a yellow link shall be created in accordance with Article 30 and the procedure referred to in Article 29 shall apply. 5. the procedures to determine the cases where identity data can be considered as identical or similar in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2). 6. identity confirmation fileArticle 28 deleted Where the queries referred to in Where the query laid down in Where the query referred to in Where the query referred to in ~~Article 34.~~ The Commission shall lay down the technical rules for linking data from different information systems by implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2).The links shall be stored in the

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 28 – paragraph 5

5. The Commission shall lay down the procedures to determine the cases where identity data can be considered as identical or similar in ~~implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in~~delegated acts. Such delegated acts should be designed in a manner that protects persons with multiple lawful identities against discrimination. Those delegated acts shall be adopted in accordance with Article 6~~4(2)~~3.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 29

~~[...]~~deleted

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 – point e

(e) the SIRENE Bureaux of the Member State for hits that occurred when creating or updating a SIS alert in accordance with the [Regulations on SIS in the field of law enforcement and on SIS in the field of illegal return];

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 1 (new)

The responsible Sirene Bureau is immediately informed when a yellow link has to be manually verified by it.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 29 – paragraph 3

3. Without prejudice to paragraph 4, the authority responsible for verification of different identities shall have access to the related data contained in the relevant identity confirmation file and to the identity data linked in the common identity repository and, where relevant, in the SIS, and shall assess the different identities and shall update the link in accordance with Articles 31, 32 and 33 and add it to the identity confirmation file without delay, in any case within 24 hours.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 30

~~1. more information systems shall be classified as y~~Article 30 deleted Yellow lin any of the following cases: (a) biometric but different identity data and no manual verification of different identity has taken place; (b) identity data and no manual verification of different identity has taken place. 2. Where a link is classified as yellow in accordance with paragraph 1, the procedure laid down in Article 29 applies.k A link between data from two or the linked data shares the same the linked data has different

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 31

1. more information systems shall be classified as green where the linked data do not share the same biometric but have similar identity data and the authority responsible for the verification of different identities concluded it refers to two different persons. 2. repository (CIR) or the SIS are queried and where a green link exists between two or more of the information systems constituting the CIR or with the SIS, the multiple-identity detector shall indicate that the identity data of the linked data does not correspond to the same person. The queried information system shall reply indicating only the data of the person whose data was used for the query, without triggering a hit against the data that is subject to the green link.Article 31 deleted Green link A link between data from two or Where the common identity

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 32

~~1. more information systems shall be classified as r~~Article 32 deleted Red lin any of the following cases: (a) biometric but different identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person; (b) data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person. 2. queried and where a red link exists between two or more of the information systems constituting the CIR or with the SIS, the multiple-identity detector shall reply indicating the data referred to in Article 34. Follow-up to a red link shall take place in accordance with Union and national law. 3. between data from the EES, the VIS, [the ETIAS], Eurodac or [the ECRIS-TCN System], the individual file stored in the CIR shall be updated in accordance with Article 19(1). 4. related to the handling of alerts in the SIS referred to in the [Regulations on SIS in the field of border checks, on SIS in the field of law enforcement and on SIS in the field of illegal return], and without prejudice to limitations necessary to protect security and public order, prevent crime and guarantee that any national investigation will not be jeopardised, where a red link is created, the authority responsible for verification of different identities shall inform the person of the presence of multiple unlawful identities. 5. authority responsible for verification of different identities shall provide a reference to the authorities responsible for the data linked.k A link between data from two or the linked data shares the same the linked data has similar identity Where the CIR or the SIS are Where a red link is created Without prejudice to the provisions Where a red link is created, the

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 32 – paragraph 1 – point a

(a) the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers ~~unlawfully~~ to the same person who has evidently provided false information with the intent of committing a serious criminal offence;

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 32 – paragraph 1 – point b

(b) the linked data has similar identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person who has evidently provided false information with the intent of committing a serious criminal offence.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 32 – paragraph 4

4. Without prejudice to the provisions related to the handling of alerts in the SIS referred to in the [Regulations on SIS in the field of border checks, on SIS in the field of law enforcement and on SIS in the field of illegal return], and without prejudice to limitations necessary to protect security ~~and public order~~, prevent crime and guarantee that any national investigation will not be jeopardised, in accordance with Article 13 of Directive (EU) 2016/680 and Article 23 of Regulation (EU) 2016/679 and other relevant EU legislation, where a red link is created, the authority responsible for verification of different identities shall inform the person of the presence of multiple unlawful identities.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 32 – paragraph 5 a (new)

5a. A third-country national shall be notified of the existence of a red link as soon as such a notification can no longer jeopardize on-going investigations or proceedings.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 33

1. more information systems shall be classified as white in any of the following cases: (a) the linked data shares the same biometric and the same or similar identity data; (b) similar identity data and at least one of the information systems does not have biometric data on the person; (c) biometric but different identity data and the authority responsible for the verification of different identities concluded it refers to the same person legally having different identity data. 2. queried and where a white link exists between one or more of the information systems constituting the CIR or with the SIS, the multiple-identity detector shall indicate that the identity data of the linked data correspond to the same person. The queried information systems shall reply indicating, where relevant, all the linked data on the person, hence triggering a hit against the data that is subject to the white link, if the authority launching the query has access to the linked data under Union or national law. 3. between data from the EES, the VIS, [the ETIAS], Eurodac or [the ECRIS-TCN system], the individual file stored in the CIR shall be updated in accordance with Article 19(1). 4. related to the handling of alerts in the SIS referred to in the [Regulations on SIS in the field of border checks, on SIS in the field of law enforcement and on SIS in the field of illegal return], where a white link is created following a manual verification of multiple identities, the authority responsible for verification of different identities shall inform the person of the presence of discrepancies between his or her personal data between systems and shall provide a reference to the authorities responsible for the data linked.Article 33 deleted White link A link between data from two or the linked data shares the same or the linked data shares the same Where the CIR or the SIS are Where a white link is created Without prejudice to the provisions

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 34

~~The i~~Article 34 deleted Identity confirmation file shall contain the following data: (a) description in form of colours, as referred to in Articles 30 to 33; (b) a reference to the information systems whose data is linked; (c) allowing to retrieve the data from the information systems of corresponding linked files; (d) responsible for the verification of different identities.the links, including their a single identification number where relevant, the authority

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 35

Data retention in the multiple-identity The identity confirmation files and its data, including the links, shall be stored in the multiple-identity detector (MID) only for as long as the linked data is stored in two or more EU information systems.Article 35 deleted detector

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 35 – paragraph 1

The identity confirmation files and its data, including the links, shall be ~~stored in the multiple-identity detector (MID) only for as long as the linked data is sto~~deleted after their use, except if thered i~~n two or more EU information systems~~s a green link.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 36

~~1. processing operations within the MID. Those~~Article 36 deleted Keeping of logs eu-LISA shall keep logs shof all ~~include, in particular, the following: (a) and his or her access rights; (b) (c) query or queries; (d) (e) confirmation file; (f) who carried out the query. 2. of the staff duly authorised to~~data the purpose of access of the user the date and time of the query; the type of data used the MID. 3. protection monitoring, including checking the admissibility of a request and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. The logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation, unless they are required for monitoring procedures that have already begun. The logs related to the history of the identity confirmation file shallo launch the the reference to the data linked; the history of the identity the identifying mark of the person Each Member State shall keep logs The logs may be ~~era~~used on~~ce the data in the identity confirmation file is erased.~~ly for data

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 37 – paragraph 1

1. eu-LISA shall establish automated data quality control mechanisms and procedures on the data stored in the SIS, ~~Eurodac, [the ECRIS-TCN system],~~ the shared biometric matching service (shared BMS)~~, the common identity repository (CIR) and the multiple-identity detector (MID)~~.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 37 – paragraph 2

2. eu-LISA shall establish common data quality indicators and the minimum quality standards to store data in the SIS, ~~Eurodac, [the ECRIS-TCN system], the shared BMS, the CIR and the MID~~the shared BMS.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 37 – paragraph 3

3. eu-LISA shall provide regular reports on the automated data quality control mechanisms and procedures and the common data quality indicators to the Member States and the European Data Protection Board. eu-LISA shall also provide a regular report to the Commission covering the issues encountered and the Member States concerned.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 37 – paragraph 4

4. The details of the automated data quality control mechanisms and procedures and the common data quality indicators and the minimum quality standards to store data in the SIS, ~~Eurodac, [the ECRIS- TCN system], the shared BMS, the CIR and the MID~~the shared BMS, in particular regarding biometric data, shall be laid down in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2).

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 39

1. and statistics (CRRS) is established for the purposes of supporting the objectives of Eurodac, the SIS and [the ECRIS-TCN system] and to generate cross-system statistical data and analytical reporting for policy, operational and data quality purposes. 2. implement and host the CRRS in its technical sites containing the data referred to in [Article 42(8) of the Eurodac Regulation], [Article 71 of the Regulation on SIS in the field of law enforcement] and [Article 30 of the ECRIS-TCN Regulation] logically separated. The data contained in the CRRS shall not enable the identification of individuals.Article 39 deleted Central repository for reporting and statistics Ac cess to the repository shall be granted by means of secured access through the Trans- European Services for Telematics between Administrations (TESTA) network service with control of access and specific user profiles, solely for the purpose of reporting and statistics, to the authorities referred to in [Article 42(8) of the Eurodac Regulation], [Article 71 of the Regulation on SIS in the field of law enforcement] and [Article 30 of the ECRIS-TCN Regulation]. 3. anonymous and shall record such anonymous data in the CRRS. The process for rendering the data anonymous shall be automated. 4. The CRRS shall be composed of: (a) of a data repository enabling the rendering of anonymous data; (b) infrastructure to connect the CRRS to the SIS, Eurodac and [the ECRIS-TCN], as well as the central infrastructures of the shared BMS, the CIR and the MID. 5. detailed rules on the operation of the CRRS, including specific safeguards for processing of personal data referred to under paragraph 2 and 3 and security rules applicable to the repository by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2).ntral repository for reporting eu-LISA shall establish, eu-LISA shall render the data a central infrastructure, consisting a secure communication The Commission shall lay down

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 40 – paragraph 3 a (new)

3a. eu-LISA shall also be considered to be a controller in relation to all processing under this Regulation. Relevant provisions of Regulation (EC) 45/2001 shall apply.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 41

~~In relation to the processing of personal data in the CIR, eu-LISA is to be considered the data processor in accordance with Article 2(e) of Regulation (EC) No 45/2001.~~Article 41 deleted Data processor

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 44 – paragraph 3

3. Without prejudice to the notification and communication of a personal data breach pursuant to Article 33 of Regulation (EU) 2016/679, Article 30 of Directive (EU) 2016/680, or both, Member States shall notify the Commission, eu- LISA and the European Data Protection Supervisor of security incidents. In the event of a security incident in relation to the central infrastructure of the interoperability components, eu-LISA shall notify the Commission and the European Data Protection Supervisor as well as national supervisory authorities concerned.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 44 – paragraph 3 a (new)

3a. The Commission shall report serious incidents immediately to the European Parliament and the Council. These reports shall be classified as EU RESTRICTED/RESTREINT UE in accordance with applicable security rules.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 44 – paragraph 3 b (new)

3b. Where a security incident is caused by the misuse of data, Member States or the relevant EU Agencies shall ensure that penalties or disciplinary measures are imposed in accordance with Union and national law.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 45 a (new)

Article 45a Penalties Member States shall take the necessary measures to ensure that any use of data in a manner contrary to this Regulation is punishable by effective, proportionate and dissuasive penalties in accordance with national law, Article 84 of Regulation (EU) 2016/679 and Article 57 of Directive (EU) 2016/680 as well as [relevant Article of new] Regulation 45/2001.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 46 – paragraph 1

1. Without prejudice to the right of 1. information referred to in Articles 11 and 12 of Regulation (EC) 45/2001 and Articles 13 and 14 of Regulation (EU) 2016/679, as well as Article 13 of Directive (EU) 2016/680, persons whose data are stored in the shared biometric matching service, the common identity repository or the multiple-identity detector shall be informed by the authority collecting their data, at the time their data are collected, about the processing of personal data for the purposes of this Regulation, including about identity and contact details of the respective data controllers, and about the procedures for exercising their rights of access, rectification and erasure, as well as about the contact details of the European Data Protection Supervisor and of the national supervisory authority of the Member State responsible for the collection of the data.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 46 – paragraph 2

2. Persons whose data is recorded in Eurodac or [the ECRIS-TCN system] shall be informed about the processing of data for the purposes of this Regulation in accordance with paragraph 1 when: (a) (b) (c) (d) protection is created or updated in Eurodac in accordance with Article 10 of the Eurodac Regulation]; (deleted – (not applicable); – (not applicable); – (not applicable); [a ~~data record is created or updated in the ECRIS-TCN system in accordance with Article 5 of the ECRIS- TCN Regul~~n application for internation.]al

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 46 – paragraph 2 – introductory part

2. Persons whose data is recorded in Eurodac or [the ECRIS-TCN system] shall be informed about the processing of data for the purposes of this Regulation in accordance with paragraph 1 ~~when:~~.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 46 – paragraph 2 – point d

~~(d) [an application for international protection is created or updated in Eurodac in accordance with Article 10 of the Eurodac Regulation];~~deleted

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 46 – paragraph 2 – point e

~~(e) [a data record is created or updated in the ECRIS-TCN system in accordance with Article 5 of the ECRIS- TCN Regulation.]~~deleted

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 46 – paragraph 2 a (new)

2a. The data subject should also be informed about the relevant retention periods, the automated decision-making and the fact that personal data is not transferred or made available to third countries, international organizations or private parties with the exception of transfers to Interpol.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 46 – paragraph 2 b (new)

2b. The information referred to in this Article shall be given in a language that the person understands. The information shall be provided to children in an age- appropriate manner. The provision of the information shall also take into account specific needs of a person concerned.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 46 a (new)

Article 46a Information Campaign The Commission shall, in cooperation with the supervisory authorities and the European Data Protection Supervisor, accompany the start of operations of each interconnectivity component with an information campaign informing the public and, in particular, third-country nationals, about the objectives and the functioning of those components, the authorities having access and the conditions for such access, and the rights of persons concerned. Such information campaigns shall be conducted continuously.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 47 – title

Right of access~~, correction and erasure~~ to, rectification, completion and erasure of personal data, and of restriction of the processing thereof

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 47 – paragraph 1

1. In order to exercise their rights under Articles 13, 14, 15 and 16 of Regulation (EC) 45/2001 and Articles 15, 16, 17 and 18 of Regulation (EU) 2016/679, any person shall have the right to address him or herself to the Member State responsible for the manual verification of different identities or of any Member State, who shall examine and reply to the requests well as under Articles 14 and 16 of Directive (EU) 2016/689, any person shall have the right to address him or herself to any controller in accordance with Article 40.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 47 – paragraph 3

3. If a request for correction, restriction of processing or erasure of personal data is made to a Member State other than the Member State responsible, the Member State to which the request has been made shall contact the authorities of the Member State responsible within seven days and the Member State responsible shall check the accuracy of the data and the lawfulness of the data processing within 3021 days of such contact.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 47 – paragraph 4

4. Where, following an examination, it is found that the data stored in the multiple-identity detector (MID) are factually inaccurate or have been recorded unlawfully, the Member State responsible or, where applicable, the Member State to which the request has been made shall correct or delete these data. The Member State to which the request has been made shall inform the data subject about the correction or deletion without delay.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 49 – paragraph 1

1. The supervisory authority or authorities designated pursuant to Article 49 of Regulation (EU) 2016/679 or pursuant to Article 41 of Directive (EU) 2016/680 shall ensure that an audit of the data processing operations by the responsible national authorities is carried out in accordance with relevant international auditing standards at least every four years.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 49 – paragraph 1 a (new)

1 a. Each Member State shall ensure that the supervisory authority or authorities designated pursuant to Article 51 of Regulation (EU) 2016/679 and Article 41 of Directive (EU) 2016/680 shall monitor the lawfulness of the processing of personal data under this Regulation.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 50 – paragraph 1 a (new)

The EDPS should be provided with sufficient resources to fulfil the tasks entrusted to it under this Regulation.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 51 – title

Cooperation ~~between national supervisory authorities and the European Data Protection Supervisor~~and supervision

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 51 – paragraph 1

1. The European Data Protection Supervisor shall act in close cooperation with national supervisory authorities with respect to specific issues requiring national involvement, in particular if the European Data Protection Supervisor or a national supervisory authority finds major discrepancies between practices of Member States or finds potentially unlawful transfers using the communication channels of the interoperability components, or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of thisin accordance with Article 61 of Regulation (EU) XXXX/2018 [revised Regulation 45/2001].

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 51 – paragraph 2

2. ~~In the cases referred to in paragraph 1, c~~Coordinated supervision shall be ensured in accordance with Article 62 of Regulation (EU) XXXX/2018 [revised Regulation 45/2001].

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 4

The development shall consist of the elaboration and implementation of the technical specifications, testing and overall project coordination, including the provision of technical solutions that would exclude the creation of links on EU or dual citizens that are recorded in the SIS or for types of alerts that are not relating to terrorist offences or serious criminal offences as defined in the present Regulation.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 4 a (new)

eu-LISA shall ensure the application of the principle of privacy by design during design and development stage.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 52 – paragraph 5 – subparagraph 1

The Programme Management Board shall meet regularly and at least three times per quarter. It shall ensure the adequate management of the design and development phase of the interoperability components. Where relevant, experts to provide independent advise in matters relating to data protection shall be invited to the meetings.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 55a

~~Amendments to Regulation (EU) 2018/XX~~[Article 55a deleted [the Eurodac Regulation]]

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 55b

~~Amendments to Regulation (EU) 2018/XX [the SIS Regulation in the field of law […~~Article 55b deleted enforcement]

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 55c

~~Amendments to Regulation (EU) 2018/XX […~~Article 55c deleted [the ECRIS-TCN Regulation]

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 55d

~~Amendments to Regulation (EU) 2018/XX [Regulation on eu-LISA] […]~~Article 55d deleted

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 56 – paragraph 1 – introductory part

1. The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the European search portal (ESP), solely for the purposes of reporting and statistics without enabling individual identification and in accordance with the safeguards related to non-discrimination referred to in Article 5:

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 56 – paragraph 2 – point b

~~(b) nationality, sex and year of birth of the person;~~deleted

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 56 – paragraph 3 – point a

~~(a) nationality, sex and year of birth of the person;~~deleted

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 56 – paragraph 5

5. For the purpose of paragraph 1 of this Article, eu-LISA shall store the data referred to in paragraph 1 of this Article in the central repository for reporting and statistics referred to in Chapter VII of this Regulation. The data included in the repositoryThe data shall not enable the identification of individuals, but it shall allow the authorities listed in paragraph 1 of this Article to obtain customisable reports and statistics to enhance the efficiency of border checks~~, to help authorities~~ and processing of visa applications ~~and to support evidence-based policymaking on migration and security in the Union~~. The data shall also be made available to supervisory authorities to facilitate fulfilment of their tasks. When storing the data, eu-LISA shall take into account the principle of privacy by design and take proactive measures to ensure that the data will not lead to the identification of individuals.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 56 – paragraph 5 a (new)

5 a. Meaningful summaries shall be made available to the Agency for Fundamental Rights in order to evaluate the impact on fundamental rights of this Regulation.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 58

~~Transitional period applicable to the identity repository for law enforcement Article 22 shall apply from the date of the start of operations referred to in Article 62(1).~~Article 58 deleted provisions on access to the common purposes

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 59

1. For a period of one year following the notification by eu-LISA of the completion of the test referred to in Article 62(1)(b) regarding the multiple-identity detector (MID) and before the start of operations of the MID, the ETIAS Central Unit as referred to in [Article 33(a) of Regulation (EU) 2016/1624] shall be responsible for carrying out a multiple-identity detection between the data stored in the VIS, Eurodac and the SIS. The multiple- identity detections shall be carried out using only biometric data in accordance with Article 27(2) of this Regulation. 2. Where the query reports one or several hit(s) and the identity data of the linked files is identical or similar, a white link shall be created in accordance with Article 33. Where the query reports one or several hit(s) and the identity data of the linked files cannot be considered as similar, a yellow link shall be created in accordance with Article 30 and the procedure referred to in Article 29 shall apply. Where several hits are reported, a link shall be created to each piece of data triggering the hit. 3. Where a yellow link is created in accordance with paragraph 3, the MID shall grant access to the identity data present in the different information systems to the ETIAS Central Unit. 4. Where a link is created to an alert in the SIS, other than a refusal of entry alert or an alert on a travel document reported lost, stolen or invalidated in accordance with Article 24 of the Regulation on SIS in the field of border checks and Article 38 of the Regulation on SIS in the field of law enforcement respectively, the MID shall grant access to the identity data present in the different information systems to the SIRENE Bureau of the Member State that created the alert. 5. The ETIAS Central Unit or the SIRENE Bureau of the Member State that created the alert shall have access to the data contained in the identity confirmation file and shall assess the different identities and shall update the link in accordance with Articles 31, 32 and 33 and add it to the identity confirmation file. 6. eu-LISA shall assist where necessary the ETIAS Central Unit in carrying outArticle 59 deleted Transitional period for the multiple- identity detection ~~referred to in this Article.~~

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 60 – paragraph 1

1. The costs incurred in connection with the establishment and operation of the ESP~~, the shared biometric matching service, the common identity repository (CIR) and the MID~~ shall be borne by the general budget of the Union.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 61 – paragraph 1 – subparagraph 2

A consolidated list of those authorities shall be published in the Official Journal of the European Union within a period of three months from the date on which each interoperability component commenced operations in accordance with Article 62. Where there are amendments to the list, eu- LISA shall publish an updated consolidated list once a year. The list shall include the date of notification for each authority listed.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 62 – paragraph 1 – point -a (new)

(-a) following the successful completion of a pilot project

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 63 – paragraph 2

2. The power to adopt delegated acts referred to in Articles 8(2), 9(7) and ~~9(7~~28(5) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Regulation].

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 63 – paragraph 6

6. A delegated act adopted pursuant to Articles 8(2), 9(7) and ~~9(7~~28(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of [twohree months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [two months] at the initiative of the European Parliament or of the Council.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 65 – paragraph 1

An Advisory Group shall be established by eu-LISA in order to provide it with the expertise related to interoperability, including its fundamental rights dimension, in particular in the context of the preparation of its annual work programme and its annual activity report. During the design and development phase of the interoperability instruments, Article 52(4) to (6) shall apply.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 67 – paragraph 1 – subparagraph 1 (new)

The practical handbook should provide guidance to Member States on how to deal with yellow links that are the results of inconsistencies with the identity data contained in ETIAS. Such modalities should not create disproportionate burdens on persons who, without any intention to deceive the authorities, have entered inaccurate or ambiguous data in ETIAS.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 68 – paragraph 2

2. By [Six months after the entry into force of this Regulation — OPOCE, please replace with the actual date] and every six months thereafter during the development phase of the interoperability components, eu-LISA shall submit a report to the EDPS, European Parliament and the Council on the state of play of the development of the interoperability components. Once the development is finalised, a report shall be submitted to the European Parliament and the Council explaining in detail how the objectives, in particular relating to planning and costs, were achieved as well as justifying any divergences.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 68 – paragraph 3

3. For the purposes of technical maintenance, eu-LISA shall have access to the necessary information relating to the data processing operations performed in the interoperability components. Access to personal data shall be subject to strict safeguards. Any access to personal data under this provision shall be logged.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 68 – paragraph 4

4. Four years after the start of operations of each interoperability component and every four years thereafter, eu-LISA shall submit to the EDPS, European Parliament, the Council and the Commission a report on the technical functioning of the interoperability components, including the security thereof.

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 68 – paragraph 5 – subparagraph 1 – point b

(b) an examination of the results achieved against objectives and the impact on fundamental rights, in particular the right to protection of personal data, the right to non-discrimination, the rights of the child and the right to an effective remedy;

2018/07/23
Committee: LIBE

Proposal for a regulation
Article 68 – paragraph 8 – subparagraph 1 – introductory part

While respecting the provisions of national law on the publication of sensitive information, as well as the EU's obligation to act with utmost transparency, each Member State and Europol shall prepare annual reports on the effectiveness of access to data stored in the common identity repository for law enforcement purposes, containing information and statistics on:

2018/07/23
Committee: LIBE