BETA

Activities of Marie-Christine VERGIAT related to 2018/0152(COD)

Plenary speeches (1)

Visa Information System (debate) FR
2016/11/22
Dossiers: 2018/0152(COD)

Shadow reports (1)

REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 767/2008, Regulation (EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399, Regulation XX/2018 [Interoperability Regulation], and Decision 2004/512/EC and repealing Council Decision 2008/633/JHA PDF (501 KB) DOC (245 KB)
2016/11/22
Committee: LIBE
Dossiers: 2018/0152(COD)
Documents: PDF(501 KB) DOC(245 KB)

Amendments (139)

Amendment 160 #
Proposal for a regulation
Recital 6
(6) The Communication of the Commission of 27 September 2017 on the ‘Delivery of the European Agenda on Migration’51 stated that the EU's common visa policy is not only an essential element to facilitate tourism and business, but also a key tool to prevent security risks and risks of irregular migration to the EU. The Communication acknowledged the need to further adapt the common visa policy to current challenges, taking into account new IT solutions and balancing the benefits of facilitated visa travel with improved migration, security and border management. The Communication stated that the VIS legal framework would be revised, with the aim of further improving the visa processing, including on data protection related aspects and access for law enforcement authorities, further expanding the use of the VIS for new categories and uses of data and to make full use of the interoperability instruments. _________________ 51 COM(2017) 558 final, p. 17.
2018/11/15
Committee: LIBE
Amendment 165 #
Proposal for a regulation
Recital 10
(10) The personal data provided by the applicant for a short-stay visa should be processed by the VIS to assess whether the entry of the applicant in the Union could pose a threat to the public security or to public health in the Union and also assess the risk of irregular migration of the applicant. As regards third country nationals who obtained a long stay visa or a residence permit, these checks should be limited to contributing to assess the identity of the document holder, the authenticity and the validity of the long- stay visa or residence permit as well as whether the entry of the third country national in the Union could pose a threat to public security or to public health in the Union. They should not interfere with any decision on long-stay visas or residence permitsin the Union.
2018/11/15
Committee: LIBE
Amendment 169 #
Proposal for a regulation
Recital 11
(11) The assessment of such risks cannot be carried out without processing the personal data related to the person's identity, travel document, and, as the case may be, sponsor or, if the applicant is minor, identity of the responsible person. Each item of personal data in the applications should be compared with the data present in a record, file or alert registered in an information system (the Schengen Information System (SIS), the Visa Information System (VIS), the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD), the Entry/Exit System (EES), the Eurodac, the ECRIS-TCN system as far as convictions related to terrorist offences or other forms of serious criminal offences are concerned and/or the Interpol Travel Documents Associated with Notices database (Interpol TDAWN)) or against the watchlists, or against specific risk indicators). The categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems, the watchlist or the specific risk indicators.
2018/11/15
Committee: LIBE
Amendment 172 #
Proposal for a regulation
Recital 12
(12) Interoperability between EU information systems was established by [Regulation (EU) XX on interoperability] so that these EU information systems and their data supplement each other with a view to improving the management of the external borders, contributing to preventing and combating illegal migration and ensuring 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.deleted
2018/11/15
Committee: LIBE
Amendment 173 #
Proposal for a regulation
Recital 13
(13) The interoperability between the EU information systems allows systems to supplement each other 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].deleted
2018/11/15
Committee: LIBE
Amendment 175 #
Proposal for a regulation
Recital 14
(14) The interoperability components cover the EES, the VIS, the [ETIAS], Eurodac, the SIS, and the [ECRIS-TCN system], and Europol data to enable it to be queried simultaneously with these EU information systems and therefore it is appropriate to use these components for the purpose of carrying out the automated checks and when accessing the VIS for law enforcement purposes. The European search portal (ESP) should be used for this purpose to enable a fast, seamless, efficient, systematic and controlled access to the EU information systems, the Europol data and the Interpol databases needed to perform their tasks, in accordance with their access rights, and to support the objectives of the VIS.deleted
2018/11/15
Committee: LIBE
Amendment 177 #
Proposal for a regulation
Recital 19
(19) The continuous emergence of new forms of security threats, new patterns of irregular migration and public health threats requires effective responses and needs to be countered with modern means. Since these meansfunctioning of the VIS entails the processing of important amounts of personal data, appropriate safeguards should be introduced to keep the interference with the rights to respect for private and family life and to the personal data limited to what is necessary and proportionate in a democratic society.
2018/11/15
Committee: LIBE
Amendment 180 #
Proposal for a regulation
Recital 20
(20) It should be ensured that at least a similar level of checks is applied to applicants for a short-stay visa, or third country nationals who obtained a long stay visa or a residence permit, as for visa free third country nationals. To this end a watchlist is also established with information related to persons who are suspected of having committed an act of serious crime or terrorism, or regarding whom there are factual indications or reasonable grounds to believe that they will commit an act of serious crime or terrorism should be used for verifications in respect of these categories of third country nationals as well.
2018/11/15
Committee: LIBE
Amendment 186 #
Proposal for a regulation
Recital 22
(22) This Regulation should defines the authorities of the Member States which may be authorised to have access to the VIS to enter, amend, delete or consult data on long stay visas and residence permits for the specific purposes set out in the VIS for this category of documents and their holders, and to the extent necessary for the performance of their tasks.
2018/11/15
Committee: LIBE
Amendment 192 #
Proposal for a regulation
Recital 28
(28) [Regulation 2018/XX on interoperability] provides the possibility for a Member State police authority which has been so empowered by national legislative measures, to identify a person with the biometric data of that person taken during an identity check. However specific circumstances may exist where identification of a person is necessary in the interest of that person. Such cases include situations where the person was found after having gone missing, been abducted or having been identified as victim of trafficking. In such cases, quick access for law enforcement authorities to VIS data to enable a fast and reliable identification of the person, without the need to fulfill all the preconditions and additional safeguards for law enforcement access, should be provided.
2018/11/15
Committee: LIBE
Amendment 194 #
Proposal for a regulation
Recital 29
(29) Comparisons of data on the basis of a latent fingerprint, which is the dactyloscopic trace which may be found at a crime scene, is fundamental in the field of police cooperation. The possibility to compare a latent fingerprint with the fingerprint data which is stored in the VIS in cases where there are reasonable grounds for believing that the perpetrator or victim may be registered in the VIS should provide the law enforcement authorities of the Member States with a very valuable tool in preventing, detecting or investigating terrorist offences or other serious criminal offences, when for example the only evidence at a crime scene are latent fingerprints.deleted
2018/11/15
Committee: LIBE
Amendment 197 #
Proposal for a regulation
Recital 35
(35) Members of the European Border and Coast Guard (EBCG) teams, as well as teams of staff involved in return- related tasks are entitled by Regulation (EU) 2016/1624 of the European Parliament and the Council to consult European databases where necessary for fulfilling operational tasks specified in the operational plan on border checks, border surveillance and return, under the authority of the host Member State. For the purpose of facilitating that consultation and enabling the teams an effective access to the data entered in VIS, the ECBGA should be given access to VIS. Such access should follow the conditions and limitations of access applicable to the Member States' authorities competent under each specific purpose for which VIS data can be consulted.deleted
2018/11/15
Committee: LIBE
Amendment 200 #
Proposal for a regulation
Recital 36
(36) The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with Directive 2008/115/EC of the European Parliament and of the Council59, is an essential component of the comprehensive efforts to tackle irregular migration and represents an important reason of substantial public interest. _________________ 59 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).deleted
2018/11/15
Committee: LIBE
Amendment 202 #
Proposal for a regulation
Recital 37
(37) The third countries of return are often not subject to adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679 or under national provisions adopted to transpose Article 36 of Directive (EU) 2016/680. Furthermore, the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return has not been able to ensure the systematic fulfilment by such third countries of the obligation established by international law to readmit their own nationals. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679 or to the national provisions adopted to transpose Article 37 of Directive (EU) 2016/680, cover a limited number of such third countries and conclusion of any new agreement remains uncertain. In such situations, personal data could be processed pursuant to this regulation with third-country authorities for the purposes of implementing the return policy of the Union provided that the conditions laid down in Article 49(1)(d) of Regulation (EU) 2016/679 or in the national provisions transposing Article 38 or 39 of Directive (EU) 2016/680 are met.deleted
2018/11/15
Committee: LIBE
Amendment 205 #
Proposal for a regulation
Recital 41
(41) In order to enhance third countries' cooperation on readmission of irregular migrants and to facilitate the return of illegally staying third country nationals whose data might be stored in the VIS, the copies of the travel document of applicants for a short stay visa should be stored in the VIS. Contrary to information extracted from the VIS, copies of travel documents are a proof of nationality more widely recognised by third countries.deleted
2018/11/15
Committee: LIBE
Amendment 207 #
Proposal for a regulation
Recital 44
(44) In order to allow better monitoring of the use of VIS to analyse trends concerning migratory pressure and border management, eu-LISA should be able to develop a capability for statistical reporting to the Member States, the Commission, and the European Border and Cost Guard Agency without jeopardising data integrity. Therefore, a central statistical repository should be established. None of the produced statistics should contain personal data.deleted
2018/11/15
Committee: LIBE
Amendment 210 #
Proposal for a regulation
Recital 47 a (new)
(47a) This Regulation is without prejudice to the obligations deriving from the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967, and to all the international commitments entered into by the EU and its Member States.
2018/11/15
Committee: LIBE
Amendment 212 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 767/2008
Article 1 – paragraph 1
This Regulation also lays down procedures for the exchange of information between Member States on long-stay visas and residence permits, including on certain decisions on long- stay visas and residence permits.deleted
2018/11/15
Committee: LIBE
Amendment 217 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 767/2008
Article 1 – paragraph 2
By storing identity, travel document and biometric data in, the common identity repository (CIR) established by Article 17 of Regulation 2018/XX of the European Parliament and of the Council* [Regulation 2018/XX on interoperability], the VIS contributes to facilitating and assisting in the correct identification of persons registered in the VIS." VIS contributes to facilitating and assisting in the identification of persons registered in the VIS, with a view to identifying any person who may not, or may no longer, fulfil the conditions for entry to, stay or residence on the territory of the Member States and in order to help prevent threats to the internal security of the Member States.
2018/11/15
Committee: LIBE
Amendment 218 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – paragraph 1 – introductory part
1. The VIS shall have the purpose of improving the implementation of the common visa policy on short-stay visas, consular cooperation and consultation between central visa authorities by facilitating the exchange of data between Member States on applications and on the decisions relating thereto, in order:
2018/11/15
Committee: LIBE
Amendment 221 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – paragraph 1 – point e
(e) to assist in the identification and return of any person who may not, or may no longer, fulfil the conditions for entry to, stay or residence on the territory of the Member States;
2018/11/15
Committee: LIBE
Amendment 224 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – paragraph 1 – point h
(h) contribute to the prevention, detection and investigation of terrorist offences or of other serious criminal offences, provided that the latter are strictly defined;
2018/11/15
Committee: LIBE
Amendment 227 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – paragraph 1 – point k
(k) support the objectives of the Schengen Information System (SIS) related to the alerts in respect of third country nationals subject to a refusal of entry, persons wanted for arrest or for surrender or extradition purposes, on missing persons, on persons sought to assist with a judicial procedure and on persons for discreet checks or specific checks."
2018/11/15
Committee: LIBE
Amendment 230 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – paragraph 2 – point a
(a) support a high level of security by contributing to the assessment of whether the applicant is considered to pose a threat to public policy, internal security or public health prior to their arrival at the external borders crossing points;
2018/11/15
Committee: LIBE
Amendment 232 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – paragraph 2 – point e
(e) facilitate the application of Regulation (EU) No 604/2013 and of Directive 2013/32/EU;deleted
2018/11/15
Committee: LIBE
Amendment 233 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – paragraph 2 – point f
(f) support the objectives of the Schengen Information System (SIS) related to the alerts in respect of third country nationals subject to a refusal of entry, persons wanted for arrest or for surrender or extradition purposes, on missing persons, on persons sought to assist with a judicial procedure and on persons for discreet checks or specific checks."
2018/11/15
Committee: LIBE
Amendment 234 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – footnote 1
* Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).deleted
2018/11/15
Committee: LIBE
Amendment 235 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 767/2008
Article 4 – paragraph 1 – point 15
(15) ‘facial imagephotograph’ means digital image of the face with sufficient image resolution and quality to be used in automated biometric matching;
2018/11/15
Committee: LIBE
Amendment 241 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 767/2008
Article 4 – paragraph 1 – point 20
(20) 'law enforcement' means the prevention, detection or investigation of terrorist offences or other serious criminal offences; within a strictly defined framework;
2018/11/15
Committee: LIBE
Amendment 242 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 767/2008
Article 5 – paragraph 1 – point a
(a) alphanumeric data on the short stay visa applicant and on visas requested, issued, refused, annulled, revoked or extended referred to in Articles 9(1) to (4) and Articles 10 to 14, alphanumeric data on long stay visa and residence permits issued, withdrawn, refused, annulled, revoked or extended referred to in Articles 22c, 22d, 22e and 22f, as well as information regarding the hits referred to in Articles 9a and 22b, and the results of verifications referred to in Article 9c(6);
2018/11/15
Committee: LIBE
Amendment 249 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 767/2008
Article 5 a – paragraph 3
(3) The detailed rules on managing the functionality referred to in paragraph 2 shall be laid down in implementingdelegated acts. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).
2018/11/15
Committee: LIBE
Amendment 250 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point -a (new)
Regulation (EC) No 767/2008
Article 6 – paragraph –1 (new)
(-a) the following paragraph -1 is added: “Access to the VIS for entering, amending or deleting the data referred to in Article 5(1) in accordance with this Regulation shall be reserved exclusively to the duly authorised staff of the visa authorities. The number thereof shall be strictly limited by the actual needs of their service.”
2018/11/15
Committee: LIBE
Amendment 251 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point -a a (new)
Regulation (EC) No 767/2008
Article 6 – paragraph 1
(-aa) paragraph 1 is amended as follows: "1. Access to the VIS for entering, amending or deleting the data referred to in Article 5(1) in accordance with this Regulation shall be reserved exclusively to the duly authorised staff of the visa authorities. The authorities entitled to consult or access VIS in order to prevent, detect and investigate terrorist offences or other serious criminal offences shall be designated in accordance with Chapter IIIb.” Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32008R0767&from=EN)
2018/11/15
Committee: LIBE
Amendment 253 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point c
Regulation (EC) No 767/2008
Article 6 – paragraph 5
5. The detailed rules on managing the functionality for the centralised management of the list in paragraph 3 shall be laid down in implementingdelegated acts. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).
2018/11/15
Committee: LIBE
Amendment 255 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EC) No 767/2008
Article 7 – paragraph 2
(7a) Article 7(2) is amended as follows: "2. Each competent authority shall ensure that in using the VIS, it does not discriminate against applicants and visa holders on grounds of sex, racial or ethnic origin it fully respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. It shall not discriminate against applicants and visa holders on grounds of sex, racial or ethnic origin, colour, social origin, language, political or any other opinion, membership of a national minority, property, birth, religion or belief, disability, age or sexual orientation, and that itit shall fully respects the human dignity and the integrity of the applicant or of the visa holder. ”; Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32008R0767&from=EN)
2018/11/15
Committee: LIBE
Amendment 257 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EC) No 767/2008
Article 7 – paragraph 3
3. The best interests of the child shall be a primarytake precedence over any other consideration for Member States with respect to all procedures provided for in this Regulation, in full compliance with the International Convention on the Rights of the Child. The child’s well- being, safety and security, in particular where there is a risk of the child being a victim of human trafficking in human beings, and the views of the child shall be taken into consideration and given due weight in accordance with his or her age and maturity."
2018/11/15
Committee: LIBE
Amendment 258 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 a (new)
Regulation (EC) No 767/2008
Article 7 – paragraph 3 a (new)
(8a) In Article 7, paragraph 3a is inserted : “Member States shall apply this Regulation in full conformity with the Charter of Fundamental Rights of the European Union, in particular the right to human dignity , the right to liberty and security, the respect for private and family life, the protection of personal data, the right to asylum and protection of the principle of non-refoulement and protection in the event of removal, expulsion or extradition, the right to non- discrimination, the rights of the child and the right to an effective remedy.”
2018/11/15
Committee: LIBE
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b a (new)
Regulation (EC) No 767/2008
Article 8 – paragraph 4
(ba) paragraph 4 is amended as follows: "4. If the applicant is travelling in a group or with his spouse and/or children, the visa authority shall create an application file for each applicant and link the application files of the persons travelling together. .” Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32008R0767&from=EN)
2018/11/15
Committee: LIBE
Amendment 260 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a
Regulation (EC) No 767/2008
Article 9 – paragraph 4 – point a
(a) first name(s) (given name(s)); first name or names (given names); dateyear of birth; nationality or nationalities; sex;
2018/11/15
Committee: LIBE
Amendment 261 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b
Regulation (EC) No 767/2008
Article 9 – paragraph 5
5. the facial imagephotograph of the applicant, in accordance with Article 13(1) of Regulation (EC) No 810/2009.;.
2018/11/15
Committee: LIBE
Amendment 263 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point c
Regulation (EC) No 767/2008
Article 9 – paragraph 7
7. a scan of the biographic data page.;deleted
2018/11/15
Committee: LIBE
Amendment 265 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point d
Regulation (EC) No 767/2008
Article 9 – paragraph 8 – subparagraph 1
The facial imagephotograph of third country nationals referred to in point 5 of the first paragraph shall have sufficient image resolution and quality to be used in automated biometric matching.
2018/11/15
Committee: LIBE
Amendment 266 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point d
Regulation (EC) No 767/2008
Article 9 – paragraph 8 – subparagraph 2
By way of derogation from the second paragraph, in exceptional cases where the quality and resolution specifications set for the enrolment of the live facial imagephotograph in the VIS cannot be met, the facial imagephotograph may be extracted electronically from the chip of the electronic Machine Readable Travel Document (eMRTD). In such cases, the facial imagephotograph shall only be inserted into the individual file after electronic verification that the facial imagephotograph recorded in the chip of the eMRTD corresponds to the live facial image of the third-country national concerned.; No automated request shall be processed using biometric data of persons aged 70 or over or children under the age of 14 which were collected more than five years ago. Automated requests on the basis of biometric data belonging to persons aged 70 or over or children under the age of 14 shall be processed in the presence of fingerprinting and facial recognition experts in order to limit the margin of error in the processing of those requests.
2018/11/15
Committee: LIBE
Amendment 271 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9 a – paragraph 3
3. For the purpose of the verifications provided for in Article 21(1) and Article 21(3)(a), (c) and (d) of Regulation (EC) No 810/2009, the VIS shall launch a query by using the European Search Portal defined in Article 6(1) [of the Interoperability Regulation] to compare the relevant data referred to in point (4) of Article 9 of this Regulation to the data present in a record, file or alert registered in the VIS, the Schengen Information System (SIS), the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), including the watchlist referred to in Article 29 of Regulation (EU) 2018/XX for the purposes of establishing a European Travel Information and Authorisation System], the Eurodac, [the ECRIS-TCN system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned], the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD) and the Interpol Travel Documents Associated with Notices database (Interpol TDAWN).
2018/11/15
Committee: LIBE
Amendment 275 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9 a – paragraph 5 – point d
(d) an alert on persons and objects for discreet checks or specific checks.deleted
2018/11/15
Committee: LIBE
Amendment 278 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9 b – paragraph 1
1. As regards third country nationals who are members of the family of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other, the automated checks in Article 9a(3) shall be carried our solely for the purpose of checking that there are no factual indications or reasonable grounds based on factual indicationsis evidence to conclude that the presence of the person on the territory of the Member States poses a risk to security or high epidemic risk in accordance with Directive 2004/38/EC.
2018/11/15
Committee: LIBE
Amendment 284 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9 c – paragraph 5
5. Where the data correspond to or where doubts remain concerning the identity of the applicant, the central visa authority processing the application shall inform the central authority of the other Member State(s), which were identified as having entered or supplied the data that triggered the hit pursuant to Article 9a(3). Where one or more Member States were identified as having entered or supplied the data that triggered such hit, the central authority shall consult the central authorities of the other Member State(s) using the procedure set out in Article 16(2). The applicant shall have the benefit of any doubt.
2018/11/15
Committee: LIBE
Amendment 289 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EC) No 767/2008
Article 16 – paragraph 2
2. When an application file is created in the VIS regarding a national of a specific third country or belonging to a specific category of such nationals for which prior consultation is requested pursuant to Article 22 of Regulation (EC) No 810/2009, the VIS shall automatically transmit the request for consultation to the Member State or the Member States indicated. The Member State or the Member States consulted shall transmit their response to the VIS, which shall transmit that response to the Member State which created the application. Solely for the purpose of carrying out the consultation procedure, the list of Member States requiring that their central authorities be consulted by other Member States' central authorities during the examination of visa applications for uniform visas lodged by nationals of specific third countries or specific categories of such nationals, according to Article 22 of Regulation (EC) No 810/2009, and of the third country nationals concerned, shall be integrated into the VIS."deleted
2018/11/15
Committee: LIBE
Amendment 292 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Regulation (EC) No 767/2008
Article 18 – paragraph 6 – subparagraph 2
The competent authorities for carrying out checks at borders at which the EES is operated shall verify the fingerprints of the visa holder against the fingerprints recorded in the VIS. For visa holders whose fingerprints cannot be used, the search mentioned under paragraph 1 shall be carried out with the alphanumeric data foreseen under paragraph 1 in combination with the facial imagephotograph.;
2018/11/15
Committee: LIBE
Amendment 295 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EC) No 767/2008
Article 22 – paragraph 2
(20) in Article 22, paragraph 2 is replaced by the following: "2. If the search with the data listed in paragraph 1 indicates that data on the applicant for international protection is recorded in the VIS, the competent asylum authority shall have access to consult the following data of the applicant and of any linked application files of the applicant pursuant to Article 8(3), for the sole purpose referred to in paragraph 1: (a) (b) form(s), referred to in points (4), (5) and (7) of Article 9; (c) (d) visa issued, annulled, revoked, or whose validity is extended, referred to in Articles 10, 13 and 14; (e) and (5) of Article 9 of the linked application files pursuant to Article 8(4).;"deleted the application number; the data taken from the application photographs; the data entered in respect of any the data referred to in points (4)
2018/11/15
Committee: LIBE
Amendment 296 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 767/2008
Article 23 – paragraph 1 – subparagraph 1
Each file shall be stored in the VIS for a maximum of fivetwo years, without prejudice to the deletion referred to in Articles 24 and 25 and to the keeping of records referred to in Article 34.
2018/11/15
Committee: LIBE
Amendment 301 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 767/2008
Article 23 – paragraph 2
2. Upon expiry of the period referred to in paragraph 1, the VIS shall automatically erase the file and the link(s) to this file as referred to in Article 8(3) and (4) and Article 22a(3) and (5).;
2018/11/15
Committee: LIBE
Amendment 305 #
Proposal for a regulation
Article 1 – paragraph 1 – point 24
Regulation (EC) No 767/2008
Article 26 – paragraph 8 a – subparagraph 2
In such cases, the security measures, access control and logging activities at the testing environment shall be equal to the ones for the VIS production system. Real personal data adopted for testing shall be rendered anonymousised in such a way that the data- subject is no longer identifiable. and the data cannot be used for other purposes;
2018/11/15
Committee: LIBE
Amendment 308 #
Proposal for a regulation
Article 1 – paragraph 1 – point 24 a (new)
Regulation (EC) No 767/2008
Article 26 – paragraph 9 a (new)
(24a) In Article 26, the following paragraph 9a is inserted: "The operational management of the Central System and all VIS-related tasks shall under no circumstances be entrusted to a private company or organisation, and the use of contract staff shall be strictly limited and supervised.”
2018/11/15
Committee: LIBE
Amendment 311 #
Proposal for a regulation
Article 1 – paragraph 1 – point 26 – point b
Regulation (EC) No 767/2008
Article 29 – paragraph 1 – point c
(c) the data are accurate, up-to-date and of an adequate level of quality and completeness when they are transmitted to the VIS. For this purpose, Member States shall ensure that consular staff and the staff of any external service provider with which they are cooperating as referred to in Article 43 of Regulation (EU) No 810/2009 receive regular training on data quality and protection of personal data. Under no circumstances may these tasks be transferred to external service providers.;
2018/11/15
Committee: LIBE
Amendment 313 #
Proposal for a regulation
Article 1 – paragraph 1 – point 26 – point c
Regulation (EC) No 767/2008
Article 29 – paragraph 2 – point a
(c) in point (a) of paragraph 2, the word "VIS" is replaced by the words "VIS or the CIR" in both instances where it appears;deleted
2018/11/15
Committee: LIBE
Amendment 314 #
Proposal for a regulation
Article 1 – paragraph 1 – point 26 – point d
Regulation (EC) No 767/2008
Article 29 – paragraph 2a – subparagraph 1
The management authority together with the Commission shall develop and maintain automated data quality control mechanisms and procedures for carrying out quality checks on the data in VIS and shall provide regular reports to the Member States. The management authority shall provide a regular report to the Member states and Commission on theStates, the Commission and the European Parliament on the data quality controls. Every two years the Commission shall report to the European Parliament and the Council on data quality issues encountrolsered. That report shall be accompanied by proposals for remedying the issues raised.
2018/11/15
Committee: LIBE
Amendment 323 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 767/2008
Article 29 a – paragraph 2 – point c
(c) quality checks on facial imagephotographs and dactylographic data shall be performed when creating application files of third country nationals in VIS, to ascertain the fulfilment of minimum data quality standards allowing biometric matching;
2018/11/15
Committee: LIBE
Amendment 324 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 767/2008
Article 29 a – paragraph 3
3. Quality standards shall be established for the storage of the data referred to in paragraph 1 and 2 of this Article. The specification of these standards shall be laid down in implementingdelegated acts. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).
2018/11/15
Committee: LIBE
Amendment 326 #
Proposal for a regulation
Article 1 – paragraph 1 – point 28 – introductory part
(28) in Article 31, paragraphs 1 and 2 are 2 is replaced by the following:
2018/11/15
Committee: LIBE
Amendment 328 #
Proposal for a regulation
Article 1 – paragraph 1 – point 28
Regulation (EC) No 767/2008
Article 31 – paragraph 1
1. Without prejudice to Regulation (EU) 2016/679, the data referred to in Article 9(4)(a), (b), (c), (k) and (m); 9(6) and 9(7) may be transferred or made available to a third country or to an international organisation listed in the Annex, only if absolutely necessary in individual cases for the sole purpose of proving the identity of third-country nationals, and only for the purpose of return in accordance with Directive 2008/115/EC or of resettlement in accordance with the Regulation …[Resettlement Framework Regulation], and provided that the Member State which entered the data in the VIS has given its approval.;
2018/11/15
Committee: LIBE
Amendment 331 #
Proposal for a regulation
Article 1 – paragraph 1 – point 28 a (new)
Regulation (EC) No 767/2008
Article 32 a (new)
(28a) Article 32a is added "Article 32a Security incidents 1. Any event that has or may have an impact on the security of the VIS or may cause damage or loss to VIS data shall be considered to be a security incident, especially where unlawful access to data may have occurred or where the availability, integrity and confidentiality of data has or may have been compromised. 2. Security incidents shall be managed in such a way as to ensure a quick, effective and proper response. 3. Without prejudice to the notification and communication of a personal data breach pursuant to Article 33 of Regulation (EU) 2016/679 or Article 30 of Directive (EU) 2016/680, Member States and Europol shall notify the Commission, eu-LISA, the competent supervisory authorities and the European Data Protection Supervisor of any security incidents without delay. Eu-LISA shall notify the Commission and the European Data Protection Supervisor without delay of any security incidents concerning the VIS Central System. 4. Information regarding a security incident that has or may have an impact on the operation of the VIS in a Member State or, within eu-LISA, on the availability, integrity and confidentiality of the data entered or sent by other Member States, shall be provided to all Member States without delay and reported in compliance with the incident management plan provided by eu-LISA. 5. The Member States and eu-LISA shall collaborate in the event of a security incident. 6. The Commission shall report serious incidents immediately to the European Parliament and to the Council. These reports shall be classified as EU RESTRICTED/RESTREINT UE in accordance with applicable security rules. 7. Where a security incident is caused by the misuse of data, Member States and Europol shall ensure that penalties are imposed in accordance with Article 36;"
2018/11/15
Committee: LIBE
Amendment 332 #
Proposal for a regulation
Article 1 – paragraph 1 – point 28 c (new) Regulation (EC) No 767/2008
(28c) Article 33 is amended as follows: "1. Any person who, or Member State which, has suffered damage as a result of an unlawful processing operation or any act incompatible with this Regulation shall be entitled to receive compensation from the Member State which is responsible for the damage suffered. That Member State shall be exempted from its liability, in whole or in part, if it proves that it is not responsible for the event giving rise to the damage. (a) any person or Member State that has suffered material damage as a result of an unlawful personal data processing operation or any other act incompatible with this Regulation by a Member State shall be entitled to receive compensation from that Member State; (b) any person or Member State that has suffered material or non-material damage as a result of any act by Europol or eu-LISA incompatible with this Regulation shall be entitled to receive compensation from the agency in question. The Member State concerned, Europol or eu-LISA shall be exempted from their liability under the first subparagraph, in whole or in part, if they prove that they are not responsible for the event which gave rise to the damage. 2. If any failure of a Member State to comply with its obligations under this Regulation causes damage to the VIS Central System, that Member State shall be held liable for such damage, unless and insofar as the Management Authorityeu-LISA or another Member State participating in the VIS Central System failed to take reasonable measures to prevent the damage from occurring or to minimise its impact. 3. Claims for compensation against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of national law of the defendant Member State. national law of that Member State. Claims for compensation against the controller, Europol or eu-LISA for the damage referred to in paragraphs 1 and 2 shall be subject to the conditions provided for in the Treaties.;" Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32008R0767&from=EN)
2018/11/15
Committee: LIBE
Amendment 334 #
Proposal for a regulation
Article 1 – paragraph 1 – point 29
Regulation (EC) No 767/2008
Article 34 – paragraph 1
1. Each Member State, the European Border and Coast Guard Agency and the Management Authority shall keep logs of all data processing operations within the VIS. These logs shall show the purpose of access referred to in Article 6(1), Article 20a(1), Article 22k(1) and Articles 15 to 22 and 22g to 22j, the date and time, the type of data transmitted as referred to in Articles 9 to 14, the type of data used for interrogation as referred to in Article 15(2), Article 18, Article 19(1), Article 20(1), Article 21(1), Article 22(1), Article 22g, Article 22h, Article 22i, Article 22j, Article 45a, and Article 45d and the name of the authority entering or retrieving the data. In addition, each Member State shall keep logs of the staff duly authorised to enter or retrieve the data.
2018/11/15
Committee: LIBE
Amendment 339 #
Proposal for a regulation
Article 1 – paragraph 1 – point 30 – point c
Regulation (EC) No 767/2008
Article 37 – paragraph 3
The information provided shall cover the legal basis for processing personal data and the possibility of limiting the processing of personal data, in conformity with the GDPR and the Police Directive; The information should be provided clearly, concisely and accurately and, wherever possible, transparently, in conformity with the GDPR and the Police Directive; A standard form is used to set out reasons for refusal and will be kept in the VIS, in line with the proposed Article 22(d)(c), to enable applicants who have been refused to exercise their right to an effective judicial remedy. The form might be similar to Annex VI of the Visa Code or Annex V of the Schengen Borders Code; In the absence of such a form signed by those persons this information shall be provided in accordance with Article 14 of Regulation (EU) 2016/679.;
2018/11/15
Committee: LIBE
Amendment 340 #
Proposal for a regulation
Article 1 – paragraph 1 – point 30 a (new)
Regulation (EC) No 767/2008
Article 38 – Title
(30a) in Article 38, the title is amended ‘Right of access, to and correction and deletion https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679&from=enof personal data, right to rectification, completion and erasure of personal data and right to restrict the processing thereof’ Or. fr
2018/11/15
Committee: LIBE
Amendment 343 #
Proposal for a regulation
Article 1 – paragraph 1 – point 30 b (new)
Regulation (EC) No 767/2008
Article 38 – paragraph 2
(30b) in Article 38, paragraph 2 is amended "2. Any person may request that data relating to him which are inaccurate be corrected and that data recorded unlawfully be deleted. The correction and deletion shall be carried out without delay by the Member State responsible, in accordance with its laws, regulations and procedures. https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679&from=enThe Member State shall respond to such a request immediately and no later than 30 days following receipt of the request, in conformity with Article 12(3) and (4) of the GDPR,’ Or. fr
2018/11/15
Committee: LIBE
Amendment 345 #
Proposal for a regulation
Article 1 – paragraph 1 – point 31 a (new)
Regulation (EC) No 767/2008
Article 40 – paragraph 1
1. I(31a) in Article 40, paragraph 1 is amended ‘Without prejudice to Articles 77 and 79 of Regulation (EU) 2016/679, in each Member State any person shall have the right to bring an action or a complaint before the competent authorities or courts of that Member State which refused the right of access to, or the right of correction or deletion offication, completion or erasure of, data relating to him, or her provided for in Article 38(1) and (2). https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679&from=en of this Regulation. The right to bring such an action or complaint shall also apply in cases where requests for access, rectification, completion or erasure were not responded to within the deadlines provided for in Article 38 or were never dealt with by the data controller. Member States shall provide applicants with detailed information regarding the procedure to be followed in the event of an appeal, as specified in Annex VI, in a language which the applicant understands or may reasonably be supposed to understand;’ Or. fr
2018/11/15
Committee: LIBE
Amendment 347 #
Proposal for a regulation
Article 1 – paragraph 1 – point 32
Regulation (EC) No 767/2008
Article 43 – 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 this Regulation. The national supervisory authorities and the European Data Protection Supervisor shall assist each other in carrying out audits and inspections and examine any difficulties concerning the interpretation or application of this Regulation.
2018/11/15
Committee: LIBE
Amendment 348 #
Proposal for a regulation
Article 1 – paragraph 1 – point 32
Regulation (EC) No 767/2008
Article 43 – paragraph 2
2. In the cases referred to in paragraph 1, coordinated supervision shall be ensured in accordance with Article 62 of Regulation (EU) XXXX/2018 [revised Regulation 45/2001].;deleted
2018/11/15
Committee: LIBE
Amendment 349 #
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Regulation (EC) No 767/2008
Article 45 – paragraph 3
3. The technical specifications for the quality, resolution and use of fingerprints and of the facial imagephotographs for biometric verification and identification in the VIS shall be laid down in implementingdelegated acts. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).
2018/11/15
Committee: LIBE
Amendment 351 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45a – paragraph 1 – subparagraph 1 – introductory part
The duly authorised staff of the competent authorities of Member States, the Commission, eu-LISA and the European Border and Coast Guard Agency established by Regulation (EU) 2016/1624 shall have access to consult the following data, solely for the purposes of reporting and statistics, without allowing for individual identification as a result of the data being completely anonymous and in accordance with the safeguards related to non- discrimination referred to in Article 7:
2018/11/15
Committee: LIBE
Amendment 353 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45a – paragraph 1 – subparagraph 1 – point c
(c) sex, dateyear of birth and current nationality of the applicant;
2018/11/15
Committee: LIBE
Amendment 356 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45a – paragraph 1 – subparagraph 1 – point h
(h) As regards short stay visa, main purpose(s) of the journey; as regards long stay visas and residence permit, the purpose of the application;
2018/11/15
Committee: LIBE
Amendment 358 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45a – paragraph 1 – subparagraph 1 – point k
(k) As regards short stay visa, main purpose(s) of the journey; as regards long stay visas and residence permit, the purpose of the application;
2018/11/15
Committee: LIBE
Amendment 362 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45 a – paragraph 1 – subparagraph 2
The duly authorised staff of the European Border and Coast Guard Agency shall have access to consult the data referred to in the first subparagraph for the purpose of carrying out risk analyses and vulnerability assessments as referred to in Articles 11 and 13 of Regulation (EU) 2016/1624.deleted
2018/11/15
Committee: LIBE
Amendment 364 #
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45 b
deleted (Article 45b is deleted.)
2018/11/15
Committee: LIBE
Amendment 369 #
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45 c
deleted (Article 45c is deleted.)
2018/11/15
Committee: LIBE
Amendment 371 #
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45 d
deleted (Article 45d is deleted.)
2018/11/15
Committee: LIBE
Amendment 374 #
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45 e
deleted (Article 45e is deleted.)
2018/11/15
Committee: LIBE
Amendment 379 #
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45 e – paragraph 4
4. In case of doubt or if the verification of the identity of the visa holder, long stay visa holder or residence permit holder fails, the member of the European Border and Coast Guard team shall refer the person to a border guard of the host Member State.deleted
2018/11/15
Committee: LIBE
Amendment 385 #
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45 e – paragraph 8
8. Every instance of access and every search made by the European Border and Coast Guard Agency shall be logged in accordance with the provisions of Article 34 and every use made of data accessed by the European Border and Coast Guard Agency shall be registered.deleted
2018/11/15
Committee: LIBE
Amendment 386 #
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45 e – paragraph 9
9. Except where necessary to perform the tasks for the purposes of the Regulation establishing a European Travel Information and Authorisation System (ETIAS), no parts ofNo parts of SIS or VIS shall be connected to any computer system for data collection and processing operated by or at the European Border and Coast Guard Agency nor shall the data contained in SIS or VIS to which the European Border and Coast Guard Agency has access be transferred to such a system. No part of VSIS shallmay be downloaded. The logging of access and searches shall not be construed as constituting to be the downloading or copying of VIS data.
2018/11/15
Committee: LIBE
Amendment 392 #
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EC) No 767/2008
Article 50 – paragraph 5
5. Every fourtwo years , the Commission shall produce an overall evaluation of the VIS. This overall evaluation shall include an examination of results achieved against objectives and an assessment of the continuing validity of the underlying rationale, the application of this Regulation in respect of the VIS, the security of the VIS, the use made of the provisions referred to in Article 31 and any implications for future operations, as well as respect for fundamental rights and in particular the right to the protection of data, to non-discrimination, to the rights of the child and to effective legal remedy. The evaluation also examines whether access to VIS on the part of repressive authorities can result in discrimination. The Commission shall transmit the evaluation to the European Parliament and the Council.
2018/11/15
Committee: LIBE
Amendment 398 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 a – paragraph 2
2. Upon creation of the individual file, the VIS shall automatically launch the query pursuant to Article 22b.deleted
2018/11/15
Committee: LIBE
Amendment 400 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 a – paragraph 3
3. If the holder has applied as part of a group or with a family member, the authority shall create an individual file for each person in the group and link the files of the persons having applied together and who were issued a long stay visa or residence permit. Applications from parents or legal guardians are not separated from those of children.
2018/11/15
Committee: LIBE
Amendment 402 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 b
Queries to other systemsdeleted (Article 22b is deleted.)
2018/11/15
Committee: LIBE
Amendment 404 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 b – paragraph 2
2. Every time an individual file is created upon issuance or refusal pursuant to Article 22d of a long-stay visa or residence permit, the VIS shall launch a query by using the European Search Portal defined in Article 6(1) of [the Interoperability Regulation] to compare the relevant data referred to in Article 22c(2)(a), (b), (c), (f) and (g) of this Regulation with the relevant data, in the VIS, the Schengen Information System (SIS), the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS) including the watchlist referred to in Article 29 of Regulation (EU) 2018/XX for the purposes of establishing a European Travel Information and Authorisation System, [the ECRIS-TCN system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned], the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD), and the Interpol Travel Documents Associated with Notices database (Interpol TDAWN). pursuant to Article 22(c) or (d) concerning a long-stay visa or residence permit, the VIS shall launch a query. The VIS shall verify: (a) whether the travel document used for the application corresponds to a travel document reported lost, stolen, misappropriated or invalidated in SIS; (b) whether the travel document used for the application corresponds to a travel document reported lost, stolen or invalidated in the SLTD database; (c) whether the applicant is subject to a refusal of entry and stay alert entered in SIS, unless there is a return in SIS; (d) whether the applicant is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS; (e) whether the applicant and the travel document are in the watch list referred to in Article 34 of Regulation (EU) 2018/1240; (f) whether data is already recorded in VIS on the same person; (g) whether the data provided in the application concerning the travel document correspond to another application for a long-stay visa, residence permit or residence card associated with different identity data; (h) whether the applicant has been subject to a decision to refuse, annul or revoke a short-stay visa recorded in VIS; (i) whether the applicant has been subject to a decision to refuse, annul or revoke a long-stay visa, residence permit or residence card recorded in VIS; (j) whether the data provided in the application correspond to Europol data; (k) whether the applicant is registered in the ECRIS-TCN system as having been convicted of a terrorist offence or other forms of serious criminal offence; (l) in cases where the applicant is a minor, whether the applicant's parental authority or legal guardian: (m) is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS; (n) is subject to a refusal of entry and stay alert in SIS; (o) holds a travel document in the watch list referred to in Article 34 of Regulation (EU) 2018/1240. These provisions must not impede the submission of an application for asylum, whatever the motivation. If a visa application is submitted by a victim of violent crime such as domestic violence or trafficking in human beings committed by their sponsor, the file submitted to VIS must be separated from that of the sponsor so that the victims may be protected from further danger. No automated request shall be processed using biometric data of persons aged 70 or over or children under the age of 13 which were collected more than five years ago. Automated requests on the basis of biometric data belonging to persons aged 70 or over or children under the age of 13 shall be processed in the presence of fingerprinting and facial recognition experts in order to limit the margin of error in the processing of those requests. Automatic searches in the visa information system should only be permitted if the file has been created by consular authorities, thereby excluding automatic searches in files created in the country.
2018/11/15
Committee: LIBE
Amendment 406 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 b – paragraph 3
3. The VIS shall add a reference to any hit obtained pursuant to paragraphs (2) and (5) to the individual file. Additionally, the VIS shall identify, where relevant, the Member State(s) that entered or supplied the data having triggered the hit(s) or Europol, and but shall record this in the individual fnot store the detailes.
2018/11/15
Committee: LIBE
Amendment 407 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 b – paragraph 4 – point d
(d) an alert on persons and objects for discreet checks or specific checks.deleted
2018/11/15
Committee: LIBE
Amendment 408 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 b – paragraph 7 – point a
(a) that authority shall verify whether the data recorded in the individual file corresponds to the data present in the VIS, or one of the consulted EU information systems/databases, the Europol data, or the InterpolSLTD databases pursuant to paragraph 2;
2018/11/15
Committee: LIBE
Amendment 409 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 c – paragraph 1 – point 2 – point a
(a) first name(s) (given name(s)); first name(s); dateyear of birth; current nationality or nationalities; sex; date, place and country of birth;
2018/11/15
Committee: LIBE
Amendment 411 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 c – paragraph 1 – point 2 – point f
(f) a facial image of the holder, where possible taken livephotograph of the applicant;
2018/11/15
Committee: LIBE
Amendment 412 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 d
deleted (Article 22 d is deleted.)
2018/11/15
Committee: LIBE
Amendment 414 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 h – paragraph 1 – point 1
1. For the sole purpose of verifying the identity of the holder and the authenticity and the validity of the long- stay visa or residence permit or whether the person is not a threat to public policy, internal security or public health of any of the Member States , the authorities competent for carrying out checks within the territory of the Member States as to whether the conditions for entry to, stay or residence on the territory of the Member States are fulfilled and, as applicable, police authorities, shall have access to search using the number of the long-stay visa or residence permit in combination with one or several of the data in Article 22c(2)(a), (b) and (c).
2018/11/15
Committee: LIBE
Amendment 416 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 i
deleted (Article 22i is deleted.)
2018/11/15
Committee: LIBE
Amendment 417 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 j
deleted (Article 22j is deleted.)
2018/11/15
Committee: LIBE
Amendment 419 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 k – paragraph 1
1. Member States shall designate the authorities which are entitled to consult the data stored in the VIS in order to prevent, detect and investigate terrorist offences or other serious criminal offences within a strictly defined framework.
2018/11/15
Committee: LIBE
Amendment 422 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 k – paragraph 2
2. Each Member State shall keep a strictly limited list of the designated authorities. This list must include the list of persons with access to the VIS. Each Member State shall notify eu-LISA and the Commission of its designated authorities and may at any time amend or replace its notification.
2018/11/15
Committee: LIBE
Amendment 423 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 k – paragraph 3 – point 1
Each Member State shall designate a central access point which shall have access to the VIS, which shall be a named person, as well as their possible replacement. The central access point shall verify that the conditions to request access to the VIS laid down in Article 22n are fulfilled.
2018/11/15
Committee: LIBE
Amendment 424 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 k – paragraph 3 – point 2
The designated authority and the central access point may be part of the same organisation if permitted under national law, but the central access pointand shall act fully independently of the designated authorities when performing its tasks under this Regulation. The central access point shall be separate from the designated authorities and shall not receive instructions from them as regards the outcome of the verification which it shall carry out independently.
2018/11/15
Committee: LIBE
Amendment 426 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 m – paragraph 2
2. In a case of exceptional urgency, where there is a need to prevent an imminent danger to the life of a person associated with a terrorist offence or another serious criminal offence, the central access point(s) shall process the request immediately and shall only verify ex post whether all the conditions of Article 22n are fulfilled, including whether a case of urgency actually existed. The ex post verification shall take place without undue delay and in any event no later than seven working days after the processing of the request.
2018/11/15
Committee: LIBE
Amendment 427 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 m – paragraph 3
3. Where an ex post verification determines that the access to VIS data was not justified, all the authorities that accessed such data shall immediately erase the information accessed from the VIS and shall inform the central access points of the erasure.
2018/11/15
Committee: LIBE
Amendment 428 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 n – paragraph 1 – point c
(c) reasonable grounds exist to consider that the consultation of the VIS data will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicievidence that a person that the suspect, perpetrator or victim ofs perpetrated a terrorist offence or other serious criminal offence, or the perpetrator or victim of such an offence falls under a category covered by this Regulation;
2018/11/15
Committee: LIBE
Amendment 429 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 n – paragraph 1 – point d
(d) where a query to the CIR was launched in accordance with Article 22 of Regulation 2018/XX [on interoperability], the reply received as referred to in paragraph 5 of [Article 22 of Regulation reveals that data is stored in the VIS."deleted
2018/11/15
Committee: LIBE
Amendment 430 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 n – paragraph 3 – point a
(a) surname(s) (family name), first name(s) (given names), dateyear of birth, nationality or nationalities and/or sex;
2018/11/15
Committee: LIBE
Amendment 431 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 n – paragraph 3 – point d
(d) fingerprints, including latent fingerprints;
2018/11/15
Committee: LIBE
Amendment 433 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 o – title
Access to VIS for identification of persons in specific circumstancethe context of criminal investigations
2018/11/15
Committee: LIBE
Amendment 435 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 o – paragraph 1
By derogation from Article 22n(1), designated authorities shall not be obliged to fulfil the conditions laid down in that paragraph to access the VIS for the purpose of identification of persons who had gone missing, abducted or identified as victims of trafficking in human beings and in respect of whom there are reasonableserious grounds to consider that consultation of VIS data will support their identification, and/or contribute in investigating specific cases of human trafficking. In such circumstances, the designated authorities may search in the VIS with the fingerprints of those persons. (This cross-cutting amendment shall apply to any occurrence of the expression ‘reasonable grounds’, which shall be replaced by ‘serious grounds’.)
2018/11/15
Committee: LIBE
Amendment 437 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 q – paragraph 1
1. Each Member State and Europol 1. shall ensure that all data processing operations resulting from requests to access to VIS data in accordance with Chapter IIIc are loggrecorded or documented for the purposes of checkmonitoring the admissibility of the request, monitoring the lawfulness of the data processing and, data integrity and security, and self-monitoring, security and possible impact on fundamental rights, and self-monitoring. The operations shall be protected by appropriate measures against unauthorised access and erased two years after their creation, unless they are required for monitoring procedures that have already begun.
2018/11/15
Committee: LIBE
Amendment 438 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 q – paragraph 2 – point g
(g) in accordance with national rules or with Regulation (EU) 2016/794 or, where applicable, Regulation (EC) No 45/2001, the unique user identity of the official who carried out the search and of the official who ordered the search.
2018/11/15
Committee: LIBE
Amendment 440 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 q – paragraph 3
3. Logs and documentation shall be used only for monitoring the lawfulness of data processing, for monitoring the impact on fundamental rights, and for ensuring data integrity and security. Only logs which do not contain personal data may be used for the monitoring and evaluation referred to in Article 50 of this Regulation. The supervisory authority established in accordance with Article 41(1) of Directive (EU) 2016/680, which is responsible for checking the admissibility of the request and monitoring the lawfulness of the data processing and data integrity and security, shall have access to these logs at its request for the purpose of fulfilling its duties.
2018/11/15
Committee: LIBE
Amendment 441 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 r
deleted (Article 22 r is deleted.)
2018/11/15
Committee: LIBE
Amendment 443 #
Proposal for a regulation
Article 2 – paragraph 1
Decision 2004/512/EC
Article 1 – paragraph 2 – subparagraph 1 – point a
(a) the common identity repository as referred to in [Article 17(2)(a) of Regulation 2018/XX on interoperability],deleted
2018/11/15
Committee: LIBE
Amendment 444 #
Proposal for a regulation
Article 2 – paragraph 1
Decision 2004/512/EC
Article 1 – paragraph 2 – subparagraph 1 – point e
(e) a Secure Communication Channel between the VIS and the EES Central System;deleted
2018/11/15
Committee: LIBE
Amendment 445 #
Proposal for a regulation
Article 2 – paragraph 1
Decision 2004/512/EC
Article 1 – paragraph 2 – subparagraph 1 – point f
(f) a secure communication infrastructure between the VIS Central System and the central infrastructures of the European search portal established by [Article 6 of Regulation 2017/XX on interoperability], shared biometric matching service established by [Article 12 of Regulation 2017/XX on interoperability], the common identity repository established by [Article 17 of Regulation 2017/XX on interoperability] and the multiple-identity detector (MID) established by [Article 25 of Regulation 2017/XX on interoperability];deleted
2018/11/15
Committee: LIBE
Amendment 446 #
Proposal for a regulation
Article 2 – paragraph 1
Decision 2004/512/EC
Article 1 – paragraph 2 – subparagraph 1 – point h
(h) a carrier gateway;deleted
2018/11/15
Committee: LIBE
Amendment 447 #
Proposal for a regulation
Article 2 – paragraph 1
Decision 2004/512/EC
Article 1 – paragraph 2 – subparagraph 1 – point i
(i) a secure web service enabling communication between the VIS, on the one hand and the the carrier gateway, and the international systems (Interpol systems/databases), on the other hand;deleted
2018/11/15
Committee: LIBE
Amendment 448 #
Proposal for a regulation
Article 2 – paragraph 1 Decision 2004/512/EC
The Central System, the National Uniform Interfaces, the web service, the carrier gateway and the Communication Infrastructure of the VIS shall share and re-use as much as technically possible the hardware and software components of respectively the EES Central System, the EES National Uniform Interfaces, the ETIAS carrier gateway, the EES web service and the EES Communication Infrastructure)..deleted
2018/11/15
Committee: LIBE
Amendment 449 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point b
Regulation (EC) No 810/2009
Article 13 – paragraph 3 – subparagraph 1
Where fingerprints and a live photograph of sufficient quality were collected from the applicant and entered in the VIS as part of an application lodged less than 59 months before the date of the new application, these [data] may be copied to the subsequent application.;
2018/11/15
Committee: LIBE
Amendment 451 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point c
Regulation (EC) No 810/2009
Article 13 – paragraph 7 – point a
(a) childrenminors under the age of 618;
2018/11/15
Committee: LIBE
Amendment 453 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point b
Regulation (EC) No 810/2009
Article 21 – paragraph 3 a – subparagraph 1 – point a
(a) SIS and the SLTD to check whether the travel document used for the application corresponds to a travel document reported lost, stolen or invalidated and whether the travel document used for the application corresponds to a travel document recorded in a file in the Interpol TDAWN;
2018/11/15
Committee: LIBE
Amendment 454 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point b
Regulation (EC) No 810/2009
Article 21 – paragraph 3 a – subparagraph 1 – point b
(b) the ETIAS Central System to check whether the applicant correspond to a refused, revoked or annulled application for travel authorisation;deleted
2018/11/15
Committee: LIBE
Amendment 455 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point b
Regulation (EC) No 810/2009
Article 21 – paragraph 3 a – subparagraph 1 – point d
(d) the EES to check whether the applicant is currently reported as overstayer, whether he has been reported as overstayer in the past or whether the applicant was refused entry in the past;deleted
2018/11/15
Committee: LIBE
Amendment 456 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point b
Regulation (EC) No 810/2009
Article 21 – paragraph 3 a – subparagraph 1 – point e
(e) the Eurodac to check whether the applicant was subject to a withdrawal or rejection of the application for international protection;deleted
2018/11/15
Committee: LIBE
Amendment 458 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21 a – paragraph –1 (new)
Assessment of high security risks must not give rise to discrimination against third- country nationals based on gender, race or ethnic origin, religion or belief, disability, age or sexual orientation. It shall be fully consistent with human dignity and integrity. Particular attention shall be paid to children, in keeping with the principle of safeguarding the best interests of the child. Particular attention shall also be paid to ruling out any risk of profiling.
2018/11/15
Committee: LIBE
Amendment 460 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21 a – paragraph 1 – introductory part
1. Assessment ofThe Commission shall adopt a delegated act in accordance with Article 48a to further define the risks related to security or illegal immigration or high epidemic risks shall bon the basedis onf:
2018/11/15
Committee: LIBE
Amendment 461 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21 a – paragraph 1 – point a
(a) statistics generated by the EES indicating abnormal rates of overstayers and refusals of entry for a specific group of travellers holding a visa;deleted
2018/11/15
Committee: LIBE
Amendment 462 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21 a – paragraph 1 – point b
(b) statistics generated by the VIS in accordance with Article 45a indicating abnormal rates of refusals of visa applications due to an irregular migration, security or public health risk associated with a specific group of travellers security risk associated with an individual;
2018/11/15
Committee: LIBE
Amendment 463 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21 a – paragraph 1 – point e
(e) information substantiated by factual and evidence-based elements provided by Member States concerning abnormal rates of overstayers and refusals of entry for a specific group of travellers for that Member State;deleted
2018/11/15
Committee: LIBE
Amendment 464 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21 a – paragraph 1 – point f
(f) information concerning specific high epidemic risks provided by Member States as well as epidemiological surveillance information and risk assessments provided by the European Centre for Disease Prevention and Control (ECDC) and disease outbreaks reported by the World Health Organisation (WHO).deleted
2018/11/15
Committee: LIBE
Amendment 465 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21 a – paragraph 2
2. The Commission shall adopt an implementing delegated act specifying the risks referred to in paragraph 1. That implementingdelegated act shall be adopted in accordance with the examination procedure referred to in Article 52(2).
2018/11/15
Committee: LIBE
Amendment 466 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21 a – paragraph 3
3. Based on the specific risks determined in accordance with paragraph 2 specific risk indicators shall be established, consisting of a combination of data including one or several of the following: (a) (b) (c) (d) (e) (f)deleted age range, sex, nationality; country and city of residence; Member State(s) of destination; Member State of first entry; purpose of travel; current occupation.
2018/11/15
Committee: LIBE
Amendment 467 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21 a – paragraph 4
4. The specific risk indicators shall be targeted and proportionate. They shall in no circumstances be based solely on a person's sex or age. They shall in no circumstances be based on information revealing a person’s race, colour, ethnic or social origin, genetic features, language, political or any other opinions, religion or philosofical belief, trade union membership, membership of a national minority, property, birth, disability or sexual orientation. Particular attention shall be paid to ruling out any risk of profiling.
2018/11/15
Committee: LIBE
Amendment 468 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21 a – paragraph 5
5. The specific risk indicators shall be adopted by the Commission by implementing act. That implementingdelegated act. That delegated act shall be adopted in accordance with the examination procedure referred to in Article 52(2).
2018/11/15
Committee: LIBE
Amendment 469 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21 a – paragraph 6
6. The specific risk indicators shall be used by the visa authorities when assessing whether the applicant presents a risk of illegal immigration, a risk to the security of the Member States, or a high epidemic risk in accordance to Article 21(1).
2018/11/15
Committee: LIBE
Amendment 470 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21 a – paragraph 7
7. The specific risks and the specific risk indicators shall be regularly reviewed by the Commission and the findings shall be submitted to the Fundamental Rights Agency.
2018/11/15
Committee: LIBE
Amendment 472 #
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Regulation (EU) 2017/2226
Article 13 – paragraph 3
(2) Article 13(3) is replaced by the following: ‘3. under point (b) of Article 26(1) of the Convention implementing the Schengen Agreement, carriers shall use the web service to verify whether a short-stay visa is valid, including if the number of authorised entries have already been used or if the holder has reached the maximum duration of the authorised stay or, as the case may be, if the visa is valid for the territory of the port of destination of that travel. Carriers shall provide the data listed under points (a), (b) and (c) of Article 16(1) of this Regulation. On that basis, the web service shall provide carriers with an OK/NOT OK answer. Carriers may store the information sent and the answer received in accordance with the applicable law. Carriers shall establish an authentication scheme to ensure that only authorised staff may access the web service. It shall not be possible to regard the OK/NOT OK answer as a decision to authorise or refuse entry in accordance with Regulation (EU) 2016/399.deleted In order to fulfil their obligation
2018/11/15
Committee: LIBE
Amendment 475 #
Proposal for a regulation
Article 7
Article 7 Amendments to Regulation (EU) XXX on establishing a framework for interoperability between EU information systems (borders and visa) [interoperability Regulation] Regulation (EU) XXX on establishing a framework for interoperability between EU information systems (borders and visa) [interoperability Regulation] is amended as follows: (1) in Article 13(1), point (b) is replaced by the following: ‘(b) the data referred to in Article 9(6), Article 22c(2)(f) and (g) and Article 22d(f) and (g) of Regulation (EC) No 767/2008; ‘(b) the data referred to in Article 9(4)(a), (b) and (c), Article 9 (5) and (6), Article 22c(2)(a) to (cc), (f) and (g), Article 22d(a), (b), (c), (f) and (g) of Regulation (EC) No 767/2008; ‘(b) competent authorities referred to in Article 6(1) and (2) of Regulation (EC) No 767/2008 when creating or updating an application file or an individual file in the VIS in accordance with Article 8 or Article 22a of Regulation (EC) No 767/2008;; (a) in paragraph 1, point (b) is replaced by the following: ‘(b) an application file or an individual file is created or updated in the VIS in accordance with Article 8, or Article 22a of Regulation (EC) No 767/2008;; ‘(b) first name(s) (given name(s)); date of birth, sex and nationality(ies) as referred to in Article 9(4)(a), in Article 22c(2)(a) and in Article 22d(a) of Regulation (EC) No 767/2008;; ‘(b) (b) the competent authorities referred to in Article 6(1) and (2) of Regulation (EC) No 767/2008 for hits that occurred when creating or updating an application file or an individual file in the VIS in accordance with Article 8 or Article 22a of Regulation (EC) No 767/2008;.deleted
2018/11/15
Committee: LIBE