48 Amendments of Eva JOLY related to 2016/0408(COD)
Amendment 140 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Competent authorities should be able to add in the SIS specific information relating to any specific, objective, physical characteristics of a person not subject to change. This information may relate to characteristics such as piercings, tattoos, marks, scars, etc. However, it should not reveal sensitive data of a person such as ethnicity, religion, disability, gender or sexual orientation, as defined in Article 9 of the General Data Protection Regulation.
Amendment 144 #
Proposal for a regulation
Recital 8
Recital 8
(8) It is necessary to maintain a manual setting out the detailed rules for the exchange of certain supplementary information concerning the action called for by alerts. National authorities in each Member State (the SIRENE Bureaux), should ensure the immediate exchange of this information.
Amendment 146 #
Proposal for a regulation
Recital 9
Recital 9
(9) In order to maintain the efficient and immediate exchange of supplementary information concerning the action to be taken specified in the alerts, it is appropriate to reinforce the functioning of the SIRENE Bureaux by specifying the requirements concerning available resources, user training and the response time to the inquiries received from other SIRENE Bureaux.
Amendment 157 #
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should set out the conditions for use of dactylographic data and facial images for identification purposes. The use of facial images for identification purposes in SIS should also help ensure consistency in border control procedures where identification and the verification of identity are required by the use of dactylographic data and facial images. Searching with dactylographic data should be mandatorypossible if there is any serious doubt concerning the identity of a person. Facial images for identification purposes should only be used in the context of regular border controls in self-service kiosks and electronic gates.
Amendment 168 #
Proposal for a regulation
Recital 20
Recital 20
(20) A greater level of effectiveness, harmonisation and consistency can be achieved by making it mandatory to enter in SIS all entry bans issued by the competent authorities of the Member States in accordance with procedures respecting Directive 2008/115/EC47 with full respect of fundamental rights and in particular the principle of non-refoulement, and by setting common rules for entering such alerts following the return of the illegalrregularly staying third country national. Member States should take all necessary measures to ensure that no time-gap exist between the moment in which the third- country national leaves the Schengen area and the activation of the alert in SIS. This should ensure the successful enforcement of entry bans at external border crossing points, effectively preventing re-entry into the Schengen area. _________________ 47 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).
Amendment 171 #
Proposal for a regulation
Recital 23
Recital 23
(23) Alerts should not be kept in SIS longer than the time required to fulfil the purposes for which they were issued. In order reduce the administrative burden on the authorities involved in processing data on individuals for different purposes, it is appropriate to align the maximum retention period of refusal of entry and stay alerts with the possible maximum length of entry bans issued in accordance with procedures respecting Directive 2008/115/EC. Therefore, the retention period for alerts on persons should be a maximum of fivthree years. As a general principle, alerts on persons should be automatically deleted from SIS after a period of fivthree years. Decisions to keep alerts on persons should be based on a comprehensive individual assessment. Member States should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended.
Amendment 179 #
Proposal for a regulation
Recital 27
Recital 27
(27) To enhance the efficiency of the work of the immigration authorities when deciding about the right of third country nationals to enter and stay in the territories of the Member States, as well as about the return of illegalrregularly staying third country nationals, it is appropriate to grant them access to SIS under this Regulation.
Amendment 181 #
Proposal for a regulation
Recital 28
Recital 28
(28) Regulation (EU) 2016/67950 should apply to the processing of personal data under this Regulation by Member States authorities when Directive (EU) 2016/68051 does not apply. Regulation (EC) No 45/2001 of the European Parliament and of the Council52 should apply to the processing of personal data by the institutions and bodies of the Union when carrying out their responsibilities under this Regulation. The provisions of Directive (EU) 2016/680, Regulation (EU) 2016/679 and Regulation (EC) No 45/2001 should be further specified in this Regulation where necessary. With regard to processing of personal data by Europol, Regulation (EU) 2016/794 on the European Union Agency for Law Enforcement cooperation53 (Europol Regulation) applies. _________________ 50 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation (OJ L 119, 4.5.2016, p. 1). 51 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data (OJ L 119, 4.5.2016, p.89). 52 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p.1). 53 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 25.5.2016, p. 53).
Amendment 185 #
Proposal for a regulation
Recital 33
Recital 33
(33) Regulation (EU) 2016/794 (Europol Regulation) provides that Europol supports and strengthens actions carried out by the competent authorities of Member States and their cooperation in combating terrorism and serious crime and provides analysis and threat assessments. In order to facilitate Europol in carrying out its tasks, in particular within the European Migrant Smuggling Centre, it is appropriate to allow Europol access to the alert categories defined in this Regulation. Europol's European Migrant Smuggling Centre plays a major strategic role in countering the facilitation of irregular migration, it should obtain access to alerts on persons who are refused entry and stay within the territory of a Member State either on criminal grounds or because of non-compliance with entry and stay conditions.
Amendment 191 #
Proposal for a regulation
Recital 35
Recital 35
(35) It is also necessary to set out clear rules for Europol on the processing and downloading of SIS data to allow the most comprehensive use of SIS provided that data protection standards are respected as provided in this Regulation and Regulation (EU) 2016/794by Union law. In cases where searches carried out by Europol in SIS reveal the existence of an alert issued by a Member State, Europol cannot take the required action. Therefore it should immediately inform the Member State concerned allowing it to follow up the case.
Amendment 197 #
Proposal for a regulation
Recital 37
Recital 37
(37) In accordance with Regulation (EU) 2016/1624 the European Border and Coast Guard Agency shall prepare risk analyses. These risk analyses shall cover all aspects relevant to European integrated border management, notably threats that may affect the functioning or security of the external borders. Alerts introduced in the SIS in accordance with this Regulation, notably the alerts on refusal of entry and stay are relevant information for assessing possible threats that may affect the external borders and should thus be available in view of the risk analysis which must be prepared by the European Border and Coast Guard Agency. Fulfilling the tasks assigned to the European Border and Coast Guard Agency in relation to risk analysis, necessitates access to SIS. Furthermore, in accordance with Commission proposal for a Regulation of the European Parliament and of the Council establishing a European Travel Information and Authorisation System (ETIAS)55 the ETIAS Central Unit of the European Border and Coast Guard Agency will perform verifications in SIS via ETIAS in order to perform the assessment of the applications for travel authorisation which require, inter alia, to ascertain if the third country national applying for a travel authorisation is subject of a SIS alert. To this end the ETIAS Central Unit within European Border and Coast Guard Agency should also have access to SIS to the extent necessary to carry out its mandate, namely to all alert categories on third country nationals in respect of whom an alert has been issued for the purposes of entry and stay, and those who are subject to restrictive measure intended to prevent entry or transit through Member States. _________________ 55COM (2016)731 final.
Amendment 227 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Supplementary information shall be exchanged in accordance with the provisions of the SIRENE Manual and using the Communication Infrastructure. Member States shall provide the necessary technical and personal resources to ensure the continuous availability and immediate exchange of supplementary information. In the event that the Communication Infrastructure is unavailable, Member States may use other adequately secured technical means to exchange supplementary information.
Amendment 231 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The SIRENE Bureaux shall carry out their task in a quick and efficient manner, in particular by replying to a request as soon as possible butimmediately and not later than 12 hours after the receipt of the request.
Amendment 241 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Without prejudice to Article 25 of Directive (EU) 2016/680, Member States shall ensure that every access to and all exchanges of personal data within CS-SIS are logged in their N.SIS for the purposes of checking whether or not the search is lawful, monitoring the lawfulness of data processing, self-monitoring and ensuring the proper functioning of N.SIS , data integrity and security.
Amendment 250 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Before being authorised to process data stored in SIS and periodically after access to SIS data has been granted, the staff of the authorities having a right to access SIS shall receive appropriate training about data-security, fundamental rights including data-protection rules and the procedures on data processing as set out in the SIRENE Manual. The staff shall be informed of any relevant criminal offences and penalties.
Amendment 258 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The logs may only be used for the purposes mentioned in paragraph 1 and shall be deleted at the earliest one year, and at the latest three years,one year after their creation. The logs which include the history of alerts shall be erased after one to three years after deletion of the alerts.
Amendment 264 #
Proposal for a regulation
Article 20 – paragraph 2 – point e
Article 20 – paragraph 2 – point e
(e) any specific, objective, physical characteristics not subject to change, not linked to special categories of personal data defined in Article 9 of Regulation (EU) 2016/679, such as ethnicity, religion, disability, gender or sexual orientation;
Amendment 296 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Data on third-country nationals in respect of whom an alert has been issued for the purposes of refusing entry and stay shall be entered in SIS on the basis of a national alert resulting from a decision in force taken by the competent administrative or judicial authorities in accordance with the rules of procedure laid down by national law taken on the basis of an individual assessment. Appeals against those decisions shall be made in accordance with national law. Such appeals shall include an effective remedy before a tribunal.
Amendment 299 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. An alert shall be entered where the decision referred to in paragraph 1 is based on a threat to public policy or public security or to national security which the presence of the third-country national in question in the territory of a Member State may pose. This situation shall arise in particular in the case of:
Amendment 303 #
Proposal for a regulation
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) a third-country national who has been convicted in a Member State of an offence carrying a penalty involving the deprivation of liberty of at least onthree years;
Amendment 321 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Dactylographic data may also be used to identify a person. Dactylographic data stored in SIS shallmay also be used for identification purposes if the identity of the person cannot be ascertained by other means.
Amendment 325 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Dactylographic data stored in SIS in relation to alerts issued under Article 24 may also be searched with complete or incomplete sets of fingerprints or palm prints discovered at the scenes of crimserious crimes or terrorist offences under investigation and where it can be established to a high degree of probability that they belong to the perpetrator of the serious crime or terrorist offence provided that the competent authorities are unable to establish the identity of the person by using any other national, European or international database.
Amendment 329 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 339 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Where a search by Europol reveals the existence of an alert in SIS, Europol shall immediately inform the issuing Member State via the channels defined by Regulation (EU) 2016/794.
Amendment 340 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The use of information obtained from a search in the SIS is subject to the consent of the Member State concerned. If the Member State allows the use of such information, the handling thereof by Europol shall be governed by Regulation (EU) 2016/794. Europol may only communicate such information to third countries and third bodies with the consent of the Member State concerned and in full respect of Union law on data protection.
Amendment 349 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Where a search by a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks or by a member of the migration management support teams reveals the existence of an alert in SIS, the issuing Member State shall be immediately informed thereof. In accordance with Article 40 of Regulation (EU) 2016/1624, members of the teams may only act in response to an alert in SIS under instructions from and, as a general rule, in the presence of border guards or staff involved in return-related tasks of the host Member State in which they are operating. The host Member State may authorise members of the teams to act on its behalf.
Amendment 356 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
Amendment 360 #
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
Amendment 364 #
Proposal for a regulation
Article 32 – paragraph 8
Article 32 – paragraph 8
8. Except where necessary to perform the tasks for the purposes of the Regulation establishing a European Travel Information and Authorisation System (ETIAS) nNo parts of SIS 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 to which the European Border and Coast Guard Agency has access be transferred to such a system. No part of SIS shall be downloaded. The logging of access and searches shall not be construed to be the downloading or copying of SIS data.
Amendment 365 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Alerts entered in SIS pursuant to this Regulation shall not be kept lonlyger than for the time required to achieve the purposes for which they were entered.
Amendment 367 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. A Member State issuing an alert shall, within fivthree years of its entry into SIS, review the need to retain it.
Amendment 369 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. In cases where it becomes clear to staff in the SIRENE Bureau, who are responsible for coordinating and verifying of data quality, that an alert on a person has achieved its purpose and should be deleted from SIS, the staff shall immediately notify the authority which created the alert to bring this issue to the attention of the authority. The authority shall have 30 calendar days from the receipt of this notification to indicate that the alert has been or shall be deleted or shall state reasons for the retention of the alert. If the 30-day period expires without such a reply the alert shall be deleted by the staff of the SIRENE Bureau. SIRENE Bureaux shall report any recurring issues in this area to their national supervisory authority.
Amendment 380 #
Proposal for a regulation
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Any processing of information contained in SIS for purposes other than those for which it was entered in SIS has to be linked with a specific case and justified by the need to prevent an imminent serious threat to public policy and public security, on serious grounds of national security or for the purposes of preventing a serious crime. Prior authorisation from the Member State issuing the alert shall be obtained for this purpose.
Amendment 382 #
Proposal for a regulation
Article 36 – paragraph 8
Article 36 – paragraph 8
8. Each Member State shall send to the Agency a list of its competent authorities which are authorised to search directly the data contained in SIS pursuant to this Regulation, as well as any changes to the list. The list shall specify, for each authority, which data it may search and for what purposes. The Agency shall ensure the annual publication of the list on its website and in the Official Journal of the European Union.
Amendment 383 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Article 36(2) shall not prejudice the right of a Member State to keep in its national files SIS data in connection with which action has been taken on its territory. Such data shall be kept in national files for a maximum period of three years, except if specific provisions in national law provide for a longer retention period.
Amendment 387 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. Where a Member State other than that which issued an alert has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored, it shall, through the exchange of supplementary information, immediately inform the issuing Member State at the earliest opportunity and not later than 10 days after the said evidence has come to its attention. The issuing Member State shall check the communication and, if necessary, correct or delete the item in question without delay.
Amendment 396 #
Proposal for a regulation
Article 40 – paragraph 4 a (new)
Article 40 – paragraph 4 a (new)
4 a. In case of a data breach, data subjects shall be informed in accordance with Article 34 of Regulation (EU) No 2016/679 or Article 31 of Directive (EU) No 2016/680.
Amendment 397 #
Proposal for a regulation
Article 41 – paragraph 1 – point a
Article 41 – paragraph 1 – point a
(a) the SIRENE Bureau shall immediately contact the requesting authority to clarify whether or not the alert is on the same person;
Amendment 401 #
Proposal for a regulation
Article 42 – paragraph 3 – introductory part
Article 42 – paragraph 3 – introductory part
3. For the purpose of this Article, and subject to the victim’s explicit consent for each data category, only the following personal data may be entered and further processed in SIS:
Amendment 402 #
Proposal for a regulation
Article 42 – paragraph 3 – point e
Article 42 – paragraph 3 – point e
Amendment 403 #
Proposal for a regulation
Article 42 – paragraph 3 – point j
Article 42 – paragraph 3 – point j
Amendment 405 #
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. Paragraph 2 shall not prejudice the right of a Member State to keep in national files data relating to a particular alert which that Member State has issued or to an alert in connection with which action has been taken on its territory. The period for which such data may be held in such files shall be governed by national lawone year.
Amendment 407 #
Proposal for a regulation
Article 47
Article 47
Amendment 417 #
Proposal for a regulation
Article 48
Article 48
Amendment 429 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. The national supervisory authorities and the European Data Protection Supervisor, each acting within the scope of its respective competences, shall actively cooperate with each other within the framework of their responsibilities and shall ensure coordinated supervision of SISin accordance with Article 62 of [New Regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data].
Amendment 432 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
Amendment 433 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
Amendment 434 #
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4