Activities of Marie-Christine VERGIAT related to 2009/0803(CNS)
Plenary speeches (1)
Use of information technology for customs purposes (debate)
Amendments (33)
Amendment 86 #
Recital 3
(3) It is necessary to reinforce cooperation between customs administrations, by laying down procedures under which customs administrations may act jointly and exchange personal and other data concerned with illicit trafficking activities, using new technology for the management and transmission of such information, subject to the provisions of the Council of Europe Convention on the Protection of Individuals with Regard to Automatic Processing of Personal Data, done at Strasbourg on 28 January 1981, and the principles contained in Recommendation R (87) 15 of the Committee of Ministers of the Council of Europe of 17 September 1987, regulating the use of personal data in the police sector, and in accordance with Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters*. ___________________ * OJ L 350, 30.12.2008, p. 60.
Amendment 87 #
Recital 4
(4) It is also necessary to enhance complementarity with actions in the context of cooperation with the European Police Office (Europol) and Eurojust, by granting those agencies access to the Customs Information Systemallowing data from the Customs Information System to be communicated to those agencies subject to certain conditions.
Amendment 89 #
Recital 6
Amendment 90 #
Recital 8
(8) An operational analysis of the activities, resources and intentions of certain persons or businesses that do not comply or appear not to comply with national lawswith national laws and of the resources which they use, or have used, to commit, in a short space of time, infringements as defined in this Decision, or which have enabled such infringements to be committed, should help the customs authorities to take the appropriate measures in specific cases to achieve the objectives laid down as regards the fight against fraud.
Amendment 91 #
Article 4 – paragraph 2 – point a
(a) names, maiden name, forenames, former surnames and aliases;
Amendment 92 #
Article 4 – paragraph 2 – point g
Amendment 93 #
Article 4 – paragraph 2 – point j
(j) a warning code indicating any history of being armed, violent or escaping or of seriously violent behaviour;
Amendment 94 #
Article 5 – paragraph 2
2. For the purpose of the suggested actions referred to in paragraph 1, namely sighting and reporting, discreet surveillance, specific checks, or operational analysis, personal data within any of the categories referred to in Article 3 may be included in the Customs Information System only if, especially on the basis of prior illegal activities, there are real indications to suggest that the person concerned has there are strong inferences and/or real, tangible indications, derived from an ongoing action of one of the types referred to in paragraph 1, from which to conclude that the person accused has recently committed, is in the act of committing, or will commit serious contraventions of national laws.
Amendment 95 #
Article 6 – paragraph 1 – point iii
(iii) the route and destination of the journey;
Amendment 96 #
Article 6 – paragraph 1 – point iv
Amendment 97 #
Article 6 – paragraph 1 – subparagraph 2
Amendment 98 #
Article 7 – paragraph 1
1. Direct access to data included in the Customs Information System shall be reserved for the national authorities designated by each Member State. These national authorities shall be customs administrations, but may also include otheror other customs authorities, competent, according to the laws, regulations and procedures of the Member State in question, to act in order to achieve the aim stated in Article 1(2).
Amendment 99 #
Article 7 – paragraph 3
Amendment 100 #
Article 8 – paragraph 2
2. Without prejudice to paragraphs 1 and 4 of this Article, Article 7(3) and Articles 11 and 12, data obtained from the Customs Information System shall only be used by national authorities in each Member State designated by the Member State in question, which are competent, in accordance with the laws, regulations and procedures of that Member State, to act in order to achieve the aim stated in Article 1(2).
Amendment 101 #
Article 11
Amendment 102 #
Article 12 – paragraph 1
Amendment 103 #
Article 12 – paragraph 2
Amendment 104 #
Article 12 – paragraph 4
Amendment 105 #
Article 12 – paragraph 5
Amendment 106 #
Article 13 – paragraph 2
2. Should a supplying Member State or Europol note, or have drawn to its attention, that the data it included are factually inaccurate or were included, or are stored contrary to this Decision, it shall amend, supplement, correct or delete the data, as appropriate, and shall advise the other Member States and Europol accordingly.
Amendment 107 #
Article 13 – paragraph 3
3. If one of the Member States or Europol has evidence to suggest that an item of data is factually inaccurate, or was included or is stored on the Customs Information System, contrary to this Decision, it shall advise the supplying Member State or Europol as soon as possible. The latter shall check the data concerned and, if necessary, correct or delete the item without delay. The supplying Member State or Europol shall advise the other Member States and Europol of any correction or deletion effected.
Amendment 108 #
Article 13 – paragraph 4
4. If, when entering data in the Customs Information System, a Member State or Europol notes that its report conflicts with a previous report as to content or suggested action, it shall immediately advise the Member State or Europol which made the previous report. The two Member States or the Member State and Europol shall then attempt to resolve the matter. In the event of disagreement, the first report shall stand, but those parts of the new report which do not conflict shall be included in the System.
Amendment 109 #
Article 13 – paragraph 5
5. Subject to the provisions of this Decision, where in any Member State a court, or other competent authority within that Member State, makes a final decision as to amendment, supplementation, correction or deletion of data in the Customs Information System, the Member States and Europol undertake mutually to enforce such a decision. In the event of conflict between such decisions of courts or other competent authorities in different Member States, including those referred to in Article 22(4) concerning correction or deletion, the Member State which included the data in question or Europol shall delete them from the System.
Amendment 110 #
Article 14
Amendment 111 #
Article 15 – paragraph 3 – point a
(a) by deprivation of liberty or a detention order for a maximum period of not less than 124 months, or
Amendment 112 #
Article 15 – paragraph 3 – point b
(b) by a fine of at least EUR 125 000.
Amendment 113 #
Article 17
A Member State shall not be obliged to make entries pursuant to Article 16 in any particular case if and for such time as this would harm public policy or other essential interests, in particular with regard to data protection, of the Member State concernedf this would be detrimental to the protection of the personal data of the individuals concerned or would seriously threaten public policy.
Amendment 114 #
Article 19 – paragraph 1 – point a
(a) data relating to current investigation files shall not be retained beyond a period of three year12 months if it has not been established that an infringement has taken place within that time. The data shall be deleted before then if one year has passed since the last investigative act;
Amendment 115 #
Article 19 – paragraph 1 – point b
(b) data relating to investigation files which have established that an infringement has taken place but which have not yet led to a conviction or to imposition of a fine shall not be retained beyond a period of sixthree years;
Amendment 116 #
Article 19 – paragraph 1 – point c
(c) data relating to investigation files which have led to a conviction or a fine shall not be retained beyond a period ofthat takes account of the nature and duration of the penalties and, in any event, for not more than 10 years.
Amendment 117 #
Article 21
1. Subject to Article 8(1), each Member State shall ensure that it shall be unlawful under its laws, regulations and procedures for personal data from the Customs Information System to be used other than for the purposes set out in Article 1(2). 2. Data may be duplicated only for technical purposes, provided that such duplication is necessary for direct searching by the authorities referred to in Article 7. 3. Subject to Article 8(1), personal data included by other Member States may not be copied from the Customs Information System into other national data files, except those copies held in systems of risk management used to direct national customs controls or copies held in an operational analysis system used to coordinate actions. 4. In the two exceptional cases provided for in paragraph 3, only the analysts designated by the national authorities of each Member State shall be empowered to process personal data obtained from the Customs Information System within the framework of a risk management system used to direct customs controls by national authorities or of an operational analysis system used to coordinate actions. 5Personal data included by other Member States may not be copied from the Customs Information System into other national data files. 2. Each Member State shall send each other Member State and the Committee referred to in Article 23 a list of the risk- management departments whose analysts are authorised to copy and process personal data entered in the Customs Information System. 63. The list of national authorities referred to in paragraph 4 shall be published for information in the Official Journal of the European Union. 7. Personal data copied from the Customs Information System shall be kept only for the time necessary to achieve the purpose for which they were copied. The need for their retention shall be reviewed at least annually by the partner in the Customs Information System which carried out the copying. The storage period shall not exceed ten years. Personal data which are not necessary for the continuation of the analysis shall be deleted immediately or have any identifying factors removed.
Amendment 118 #
Article 23 – paragraph 2 – point b
(b) for the proper functioning of the Customs Information System with regard to technical and operational aspects. The Committee shall take all necessary steps to ensure that the measures set out in Articles 14 and 26 are properly implemented with regard to the Customs Information System. For the purpose of applying this paragraph, the Committee may have direct access to, and use of, data from the Customs Information System.
Amendment 119 #
Article 25
1. A Joint Supervisory Authority shall be set up, consisting of two representatives from each Member State drawn from the respective independent national supervisory authority or authorities. 2. The Joint Supervisory Authority shall perform its task in accordance with the provisions of this DecisThe European Data Protection Supervisor (EDPS) shall supervise the activities of the Customs Information System; in order to fulfil its responsibilities in this regard, the EDPS shall have access to the Customs Information System. The duties and powers conferred on the EDPS by Articles 46 and 47 of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and of the 1981 Strasbourg Convention takingbodies and on the free movement of such data* shall apply. The EDPS shall, without delay and into account Recommendation R (87) 15. 3. The Joint Supervisory Authority shall be competent to supervise operardance with Regulation (EC) No 45/2001, refer to the Community institutions any violation of data protection in connection ofwith the Customs Information System, to examine any difficulties of application or interpretation which may arise during its operati. 2. The EDPS and the national supervisory authorities referred to in Article 24 shall cooperate actively on, to study problems which may arise with regard to the exercise of independent supervision by the national supervisory authorities of the Member States, or in the exercise of rights of access by individuals to the System, and to draw up proposals for the purpose of finding joint solutions to problems. 4. For the purpose of fulfilling itshe basis of their respective remits and ensure that the Customs Information System is monitored and supervised. 3. The EDPS and the national supervisory authorities referred to in Article 24 shall meet at least once a year. The costs associated with these meetings shall be met from the EDPS budget. 4. The EDPS shall publish an annual responsibilities, the Joint Supervisory Authority shall have access to the Customs Information System. 5. Reports drawn up by the Joint Supervisory Authority shall be forwarded to the authorities to which the national supervisory authorities submit their reportsrt on its activities in supervising the work of the Customs Information System. The report shall be forwarded to the European Parliament, the Council, the Commission and the Committee referred to in Article 23. ____________________ * OJ L 8, 12.1.2001, p. 1.