10 Amendments of Cornelia ERNST related to 2019/0001(COD)
Amendment 38 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the Commission proposal;
Amendment 46 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Regulation (EU) 2018/1862
Article 50(a)
Article 50(a)
Amendment 51 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 Regulation (EU) 2019/816
Article 2 – paragraph 1 – point 1 Regulation (EU) 2019/816
the conditions under which data of third country nationals or stateless persons included in the ECRIS-TCN system may be used for the purpose of border management in accordance withsupporting the objectives of Regulation (EU) 2018/1240 of the European Parliament and of the Council* as listed in its Article 4(a). The data kept in the criminal records of the Member States, and thus in the ECRIS-TCN, shall not be modified or extended on the basis of assisting with this objective or of other EU Information Systems.
Amendment 58 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) 2019/816
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation applies tofor the processingurpose of identity information of third country nationals who have been subject to convictions in the Member States forfying the Member State(s) where convictions as stated in the Annex to Regulation (EU) 2018/1240 of the pEurpose of identifying the Member State(s)opean Parliament and of the Council where such convicthanded down in the previonus were handed down, as well as for the purposes of border management [and contributing to facilitating and20 or 10 years depending on their nature, as well as for the purposes of that Regulation ass listinged in the correct identification of persons]its Article4(a).
Amendment 62 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) 2019/816
Article 2 – paragraph 2
Article 2 – paragraph 2
With the exception of provisions relating to supporting the purposes of Regulation (EU) 2018/1240 and point (ii) of Article 5(1)(b), the provisions of this Regulation that apply to third country nationals also apply to citizens of the Union who also hold a nationality of a third country and who have been subject to convictions in the Member States.;
Amendment 67 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Regulation (EU) 2019/816
Article 3 – point t and u
Article 3 – point t and u
Amendment 72 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
Regulation (EU) 2019/816
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) where applicable, a flag indicating that the person concerned has been convicted for a terrorist offence or other serious criminal offencever the previous 20 years or, over the previous 10 years, for another serious criminal offence if this is punishable under national law by a custodial sentence or a detention order of a maximum period of at least three years, as listed in the Annex to Regulation (EU) 2018/ 1240 (ETIAS), and in those cases the code of the convicting Member State(s).;
Amendment 84 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EU) 2019/816
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Upon expiry of the retention period referred to in paragraph 1, the central authority of the convicting Member State shall erase the data record, including any fingerprints, facial images or flags as referred to in Article 5(1)(c), from the Central System [and the CIR]. In those cases where the data related to a conviction for a terrorist offence or other form of serious crime as referred to in Article 5(1)(c) are deleted from the national criminal record, but information on other convictions of the same person is retained, only the flag referred to in Article 5(1)(c) shall be removed from the data record. This erasure shall take place automatically,be automated, as a rule and where possible, and in any event no later than one monthweek after the expiry of the retention period.;
Amendment 89 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Regulation (EU) 2019/816
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The data included in the Central System [and the CIR] shall only be processed for the purpose of the identification of the Member State(s) holding the criminal records information of third country nationals, as well as for the purposes of border management [as well as for facilitating and assisting in the correct identification of persons regsupporting the objectives of Regulation (EU) 2018/1240 of the European Parliament and of the Council, as listered in the ECRIS-TCN system].its Article 4(a);
Amendment 94 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Regulation (EU) 2019/816
Article 30 – paragraph 4 – subparagraph 2
Article 30 – paragraph 4 – subparagraph 2
Every month eu-LISA shall submit to the Commission statistics without allowing for individual identification relating to the recording, storage and exchange of information extracted from criminal records through the ECRIS-TCN system and the ECRIS Reference implementation, including on the data records which include a flag in accordance with Article 5(1)(c). Those statistics shall be evaluated, by the Commission, the European Parliament and the EDPS, after the first year and then every two years to evaluate the necessity and proportionality of the extension of the purposes of the ECRIS- TCN for border management and, more specifically, the provisions of Article 4(a) of Regulation (EU) 2018/1240 of the European Parliament and of the Council.