37 Amendments of Birgit SIPPEL related to 2016/0106(COD)
Amendment 154 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes and amending Regulation (EC) No 767/2008 and Regulation (EU) No 1077/2011 amending Regulation (EC) No 767/2008 and Regulation (EU) No 1077/2011 (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 218 #
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation should define the authorities of the Member States which may be authorised to have access to the EES to enter, amend, delete or consult data for the specific purposes of the EES and to the extent necessary for the performance of their tasks, as well as the conditions under which they may be so authorised.
Amendment 225 #
Proposal for a regulation
Recital 16
Recital 16
(16) In the fight against terrorist offences and other serious criminal offences, it is imperative that law enforcement authorities have the most up- to-date information if they are to perform their tasks. Access to VIS data for law enforcement purpose has already proven its usefulness in identifying people who died violently or for helping investigators to make substantial progress in cases related to human being trafficking, terrorism or drug trafficking. Access to the information contained in the EES is necessary to prevent, detectAccess to the information contained in the EES might be helpful in preventing, detecting and investigateing terrorist offences as referred to in Council Framework Decision 2002/475/JHA23 or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA24. The data generated by the EES mayight be used as an identity verification tool both in cases where the third country national has destroyed his/her documents and where law enforcement authorities are investigating a crime through the use of fingerprints or facial image and wish to establish an identity. It mayight also be used as a criminal intelligence tool to construct evidence by tracking the travel routes of a person suspected of having committed a crime or a victim of crime. Therefore, the data in the EES shouldmight in the future be available, to the designated authorities of the Member States and the European Police Office ('Europol'), subject to the conditions set out in this Regulation. _________________ 23 Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p.6). 24 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member State (OJ L 190, 18.7.2002, p. 1)
Amendment 235 #
Proposal for a regulation
Recital 17
Recital 17
(17) Moreover, Europol plays a key role with respect to cooperation between Member States’ authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. Consequently,Europol might also be granted access to the EES within the framework of its competences and tasks and in accordance with Council Decision 2009/371/JHA.25 The European Data Protection Supervisor should monitor the processing of personal data by Europol and should also have access to the EESensure full compliance within the framework of its tasks and in accordance with Council Decision 2009/371/JHA.25Charter of Fundamental Rights of the European Union and the Treaties. _________________ 25Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).
Amendment 262 #
Proposal for a regulation
Recital 25
Recital 25
(25) The personal data stored in the EES should be kept for no longer than istrictly necessary for the purposes of the EES. It is appropriate related to the use of the system. It is sufficient to keep the data related to third country nationals for a period of five years for border management purposes in order to avoid the need for third country nationals to re-enrol in the EES before that period has lapsedwho have lawfully used the system for a period of eighteen months for border management purposes. For third -country nationals who are family members of a Union citizen to whom Directive 2004/38/EC27 applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC, it is appropriate to store each coupled entry/ exit record for a maximum period of one year after the last exit. _________________ 27 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).
Amendment 278 #
Proposal for a regulation
Recital 27
Recital 27
(27) The same retention period of five years would be necessary for data on personData related to third-country nationals who have not exited the territory of the Member States within the authorised period of stay in order to support the identification and return process and forand persons whose entry for a short stay {or on the basis of a touring visa} has been refused should be kept for a period of three years in order to support the identification and return process. The data should be deleted after the period of fivthree years, unless there are grounds to delete it earlier.
Amendment 315 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. TFor the purposes of prevention, detection and investigation of terrorist offences or of other serious criminal offences, this Regulation also lays down in its Chapter IV the conditions and limitations under which Member States' designated law enforcement authorities and the European Police Office (Europol) may obtain access for consultation of the EES for the purposes of the prevention, detection and investigation of terrorist offences or of other serious criminal offences.
Amendment 363 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) allow tohe identifyication and detection of overstayers (also within the territory) and enable competent national authorities of the Member States to take appropriate measures including to increase the possibilities for return; (Article 5 shall be divided into 3 paragraphs corresponding to the different purposes of the Regulation relating to the different legal basis used.)
Amendment 387 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) a secure Communication Infrastructure between the Central System and the National Uniform Interfaces.
Amendment 397 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 427 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Carriers may use the secure internet access to the web service referred to in paragraph 1 to verify whether or not third country nationals holding a single or double entry visa have already used the visa. The carrier shall provide the data listed in Article 14(1)(d). The web service shall on that basis provide the carriers with an OK/NOT OK answer. Carriers may store the information sent and the answer received for a maximum of 48 hours after which the data shall be automatically deleted.
Amendment 444 #
Proposal for a regulation
Article 14 – paragraph 1 – point f
Article 14 – paragraph 1 – point f
(f) the facial image, where possible extracted electronically from the eMRTD or the VIS, and where this is not possible, taken live. Facial images taken live shall be in accordance with the specifications for the minimum level of quality for the resolution and use of facial images taken live adopted by the Commission in accordance with the examination procedure referred to in Article 61(2);
Amendment 450 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. In order to create the individual file of a visa holding third country national the data provided for in paragraph 1 (d), (e) and to (g) may be retrieved and imported directly from the VIS by the border authority in accordance with Article 18a of Regulation (EC) No 767/2008.
Amendment 465 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where a decision has been taken by the border authority, in accordance with Article 14 of Regulation (EU) 2016/399 and Annex V thereto, to refuse the entry of a third country national referred to in Article 2(2) of this Regulation to the territories of the Member States, and where no previous file has been registered in the EES for that third country national the border authority shall create an individual file in which it shall enter the alphanumeric data required pursuant to Article 14(1) in the case of visa holding third country nationals and the alphanumeric data required pursuant to Article 15(1) in the case of visa exempt third country nationals.
Amendment 517 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. In an exceptional case of urgency, where there is a need to prevent an imminent danger 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 29 are fulfilled, including whether an exceptional case of urgency actually existed. The ex post verification shall take place without undue delay and not later than 48 hours after the processing of the request.
Amendment 522 #
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) access for consultation is necessary for the purpose of the prevention, detection or investigation of a terrorist offences or another serious criminal offence, thus making a search of the database proportionate if there is an overriding public security concern;
Amendment 526 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) access for consultation is necessaryproportionate in athe specific case;
Amendment 529 #
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) evidence or reasonable grounds exist to consider that the consultation of the EES data may substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation;
Amendment 549 #
Proposal for a regulation
Article 30 – paragraph 1 – point a
Article 30 – paragraph 1 – point a
(a) the consultation is necessary to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling under Europol's mandate, thus making a search of the database proportionate if there is an overriding public security concerncompetences;
Amendment 551 #
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
(b) the consultation is necessaryproportionate in athe specific case;
Amendment 553 #
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
(c) evidence or reasonable grounds exist to consider that the consultation may substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation.
Amendment 558 #
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. The processing of information obtained by Europol from consultation with EES data shall be subject to the authorisation of the Member State of origin. That authorisation shall be obtained via the Europol national unit of that Member State. The European Data Protection Supervisor shall monitor the processing of personal data by Europol.
Amendment 561 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Each entry/exit record or refusal of entry record linked to an individual file shall be stored for five yearin the Central System for eighteen months following the date of the exit record or of the refusal of entry record, as applicable.
Amendment 567 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Each individual file together with the linked entry/exit record(s) or refusal of entry records shall be stored in the EESCentral System for fivthree years and one day following the date of the last exit record if there is no entry record within fivthree years from that last exit record or refusal of entry record.
Amendment 574 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. If there is no exit record following the date of expiry of the authorised period of stay, the data shall be stored for a period of fivthree years following the last day of the authorised stay. The EES shall automatically inform the Member States three months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures.
Amendment 592 #
Proposal for a regulation
Article 32 – paragraph 6 – introductory part
Article 32 – paragraph 6 – introductory part
6. Where a third country national has acquired the nationality of a Member State or has fallen under the scope of Article 2(3) before the expiry of the period referred to in Article 31, the individual file and the records linked to it in accordance with Articles 14 and 15 shall be deleted without delay, without delay and in any event no later than 48 hours from the moment the relevant Member State becomes aware of that fact, be deleted from the EES as well as, where applicable, from the list of identified persons referred to in Article 11:
Amendment 596 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
The Commission shall adopt the following measures necessary for the development and technical implementation of the Central System, the National Uniform Interfaces, and the secure Communication Infrastructure, in particular measures for:
Amendment 644 #
(aa) the period for which the data are retained;
Amendment 645 #
Proposal for a regulation
Article 44 – paragraph 1 – point a b (new)
Article 44 – paragraph 1 – point a b (new)
(ab) the consequences should the authorised duration of stay be exceeded, which may result in the addition of the individual's data to a list as provided for in Article 11(2);
Amendment 652 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Without prejudice to Article 12 of Directive 95/46/EC any third country national shall have the right to obtain the data relating to him or her recorded in the EES and of the Member State which transmitted it to the EES. Such data shall be provided to the third-country national concerned within two months of the date of receipt of a request.
Amendment 657 #
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. If a request for correction or deletion is made to a Member State other than the Member State responsible, the authorities of the Member State to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the EES within a time limit of one month14 days if that check can be done without consulting the Member State responsible. Otherwise the Member State other than the Member State responsible shall contact the authorities of the Member State responsible within a time limit of 143 days and the Member State responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of one month14 days.
Amendment 659 #
Proposal for a regulation
Article 46 – paragraph 3 – subparagraph 2
Article 46 – paragraph 3 – subparagraph 2
In the event that visa-related data recorded in the EES are factually incorrect or have been recorded unlawfully, the Member State responsible or, where applicable, the Member State to which the request has been made shall first check the accuracy of these data against the VIS and if necessary will amend them in the EES. Should the data recorded in the VIS be the same as in the EES, the Member State responsible or the Member State to which the request was made , shall contact the authorities of the Member State responsible for entering these data in the VIS within a time limit of 143 days. The Member State responsible for entering the data in the VIS shall check the accuracy of the visa related data and the lawfulness of its processing in the EES within a time limit of one month14 days and inform the Member State responsible or the Member State to which the request has been made which shall, if necessary, amend or erase them without delay from the EES and, where applicable, from the list of persons referred to in Article 11(2).
Amendment 661 #
Proposal for a regulation
Article 46 – paragraph 6
Article 46 – paragraph 6
6. Any request made pursuant to paragraphs 1 and 2 shall contain the necessaryminimum information necessary to identify the person concerned, including fingerprints. Fingerprints may be used for the identification of the person concerned only in cases where there are substantive doubts as to the identity of that person. That information shall be used exclusively to enable t the exercise of the rights referred to in paragraphs 1 and 2 and shall be erased immediately afterwards.
Amendment 667 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. The supervisory authority shall ensure that an audit of the data processing operations in the National System is carried out in accordance with relevant international auditing standards at least every fourtwo years.
Amendment 672 #
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The European Data Protection Supervisor shall ensure that an audit of the Agency's personal data processing activities is carried out in accordance with relevant international auditing standards at least every fourtwo years. A report of that audit shall be sent to the European Parliament, the Council, eu-LISA, the Commission and the national supervisory authorities. eu- LISA shall be given an opportunity to make comments before the report is adopted.
Amendment 674 #
Proposal for a regulation
Article 50 – paragraph 3 a (new)
Article 50 – paragraph 3 a (new)
3a. The European Data Protection Supervisor shall be allocated the resources adequate and necessary for the fulfilment of the tasks entrusted to it under this Regulation.
Amendment 721 #
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. 2. By way of derogation from paragraph 1, Chapter IV shall apply from [two years after the entry into force of this Regulation] and only after an evaluation report has been presented to the Parliament and the Council showing its feasibility and necessity. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.