Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | LIBE | RANGEL Paulo ( EPP) | TANG Paul ( S&D), KELLER Fabienne ( Renew), DELBOS-CORFIELD Gwendoline ( Verts/ALE), BRUDZIŃSKI Joachim Stanisław ( ECR), DALY Clare ( GUE/NGL) |
Committee Opinion | BUDG |
Lead committee dossier:
Legal Basis:
TFEU 016-p2, TFEU 087-p2, TFEU 88-p2
Legal Basis:
TFEU 016-p2, TFEU 087-p2, TFEU 88-p2Subjects
Events
The European Parliament adopted by 451 votes to 94, with 10 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on automated data exchange for police cooperation (“Prüm II”), amending Council Decisions 2008/615/JHA and 2008/616/JHA and Regulations (EU) 2018/1726, 2019/817 and 2019/818 of the European Parliament and of the Council.
Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Purpose
The proposed regulation establishes a framework for the exchange of information between authorities responsible for the prevention, detection and investigation of criminal offences. The purpose of the Prüm II framework is to:
- step up cross-border cooperation particularly by facilitating the exchange of information between Member States’ competent authorities, in full respect of the fundamental rights of natural persons, including the right to respect for one’s private life and the right to the protection of personal data, in accordance with the Charter of Fundamental Rights of the European Union;
- allow Member State’s competent authorities to search for missing persons in the context of criminal investigations or on humanitarian grounds and to identify human remains provided that those authorities are empowered to conduct such searches and to carry out such identifications under national law.
DNA reference data
Member States should ensure the availability of DNA reference data from their national DNA databases for the purposes of automated searches by other Member States and Europol.
For the investigation of criminal offences, Member States should, at the time of initial connection to the router via their national contact points, conduct an automated search by comparing all the DNA profiles stored in their DNA databases with all the DNA profiles stored in all other Member States’ DNA databases and Europol data. The initial automated search should be conducted bilaterally.
Following the initial automated search of DNA profiles, Member States should conduct automated searches by comparing all the new DNA profiles added to their databases with all the DNA profiles stored in other Member States’ databases and Europol data. That automated searching of new DNA profiles should take place regularly.
The national contact point of the requesting Member State may decide to confirm a match between two sets of dactyloscopic data. Where it decides to confirm a match between two sets of dactyloscopic data, it should inform the requested Member State and shall ensure that at least one qualified member of staff conducts a manual review in order to confirm that match with dactyloscopic reference data received from the requested Member State.
Dactyloscopic data
Member States should allow national contact points of other Member States and Europol access to the dactyloscopic reference data in their national databases established for that purpose to conduct automated searches by comparing dactyloscopic reference data. They should take appropriate measures to ensure the confidentiality and integrity of dactyloscopic data sent to other Member States or Europol, including their encryption. Europol should inform the Member States, the Commission and eu-LISA of its maximum search capacities per day for identified and unidentified fingerprint data. Member States or Europol may temporarily or permanently increase these search capacities at any time, in particular in an emergency.
Automated searching of vehicle registration data
Member States should allow national contact points of other Member States and Europol access to the following national vehicle registration data to conduct automated searches in individual cases. Searches conducted with data related to the owner or holder of the vehicle shall only be conducted in the case of suspects or convicted persons.
Automated searching of facial images
For the prevention, detection and investigation of criminal offences punishable by a maximum term of imprisonment of at least one year under the law of the requesting Member State, Member States should allow national contact points of other Member States and Europol access to the facial image reference data in their national databases to conduct automated searches.
Member States should take appropriate measures to ensure the confidentiality and integrity of facial images sent to other Member States or Europol, including their encryption.
Police records
Given the sensitivity of the data concerned, exchanges of national police record indexes under this Regulation should only concern the data of persons convicted or suspected of having committed a criminal offence . In addition, it should only be possible to conduct automated searches of national police record indexes for the purpose of preventing, detecting and investigating a criminal offence punishable by a maximum term of imprisonment of at least one year under the law of the requesting Member State.
Missing persons and unidentified human remains
Where a national authority has been so empowered by national legislative measures, it may conduct automated searches using the Prüm II framework for the following purposes only: (a) searching for missing persons in the context of criminal investigations or on humanitarian grounds;
(b) identifying human remains.
Data protection
Prior to connecting their national databases to the router or European Police Record Index System (EPRIS), Member States should conduct a data protection impact assessment.
Member States and Europol should ensure the accuracy and relevance of personal data which are processed pursuant to this Regulation. Where a Member State or Europol becomes aware of the fact that data which have been supplied are incorrect or no longer up to date or should not have been supplied, it should notify the Member State which received the data or Europol, as appropriate, without undue delay. All Member States concerned or Europol, as the case may be, should correct or delete the data accordingly without undue delay.
Three years following the start of operations of the router and EPRIS and every four years thereafter, the Commission should produce an evaluation report that includes an assessment of the application of this Regulation by the Member States and Europol, in particular of their compliance with the relevant data protection safeguards.
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Paulo RANGEL (EPP, PT) on the proposal for a regulation of the European Parliament and of the Council on automated data exchange for police cooperation (“Prüm II”), amending Council Decisions 2008/615/JHA and 2008/616/JHA and Regulations (EU) 2018/1726, 2019/817 and 2019/818 of the European Parliament and of the Council.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Subject matter
Members stressed that the Regulation should establish a framework for the exchange of information between Member States’ competent law enforcement authorities (Prüm II). Its purpose should be to step up cross-border cooperation particularly in combating terrorism and cross-border crime, by facilitating the exchange of information between Member States’ competent law enforcement authorities, in full respect for the fundamental rights of natural persons, including the right to respect for one’s private life, and for the protection of personal data, in accordance with the Charter of Fundamental Rights of the European Union.
The purpose of Prüm II should also be to allow for the search for missing persons and the identification of unidentified human remains by Member States’ competent law enforcement authorities in the context of a criminal investigation, provided that those authorities are empowered to conduct such searches and to carry out such identification under national law.
Establishment of national DNA analysis files
A new article has been included stating that the Commission should adopt an implementing act to specify the identification characteristics of a DNA profile which is to be exchanged and the minimum requirements for a match, taking into account international and European standards.
Automated searching of DNA profiles
For the investigation of criminal offences, Member States should allow national contact points of other Member States and Europol access to the DNA reference data in their DNA databases established for that purpose in order to conduct automated searches of the DNA profiles in those databases and to compare those DNA profiles with their DNA profiles.
The national contact point of the requesting Member State should ensure that a human review by a forensic expert is conducted in order to confirm a match of DNA profile data with DNA reference data held by the requested Member State following the automated supply of the DNA reference data required for confirming a match.
Automated searching of dactyloscopic data
Members considered that searches should only be conducted in individual cases, where they are proportionate and necessary for the purposes of preventing, detecting or investigating a criminal offence, and in compliance with the national law of the requesting Member State.
The national contact point of the requesting Member State should ensure that a human review by a forensic expert is conducted in order to confirm a match of dactyloscopic data with dactyloscopic reference data held by the requested Member State following the automated supply of the dactyloscopic reference data required for confirming a match.
National Police records indexes
Member States may decide to participate in the automated exchange of police records indexes. For the purposes of such exchanges, participating Member States should ensure the availability of national police records indexes which contain sets of biographical data of persons convicted or suspected of having committed a serious criminal offence from their national databases established for the investigation of criminal offences
National contact points
Member States should ensure that their national contact points are provided with adequate human, technical and financial resources, including qualified staff, to carry out their tasks under this Regulation in an adequate, effective and rapid manner.
Exchange of core data
Core data has been clarified in the amended text to include additional data such as: (i) alias or aliases and previously used name or names; (ii) the date on which and the place where the biometric data were acquired; (iii) the criminal offence for which the biometric data were acquired; (iv) the criminal case number and the competent law enforcement authority responsible for the criminal case.
The release of such data by the requested Member State should be subject to the decision of a human.
Data protection
Prior to connecting their national databases to the router, EPRIS or Eucaris, the report suggested that Member States should conduct a data protection impact assessment.
PURPOSE: to establish a framework for the exchange of information between authorities responsible for the prevention, detection and investigation of criminal offences (Prüm II).
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: criminality across Europe undermines EU citizens’ security and well-being. Law enforcement authorities need robust and performant tools to fight crime effectively. Cooperation and information sharing are the most powerful means to combat crime and pursue justice. In 2021, more than 70% of organised crime groups were found to be present in more than three Member States.
Against this background, the Prüm Decisions (Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime and Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA), adopted in 2008, contribute to cross-border cooperation between EU Member States in the fields of justice and home affairs. They provide a mechanism for the exchange of information between authorities responsible for the prevention and investigation of criminal and terrorist offences.
In 2018, the Council underlined the importance of Prüm’s main features: the automated searching and comparison of DNA profiles, dactyloscopic data and vehicle registration data for tackling terrorism and cross-border crime. The Council also invited the Commission to consider revising the Decisions with a view to broadening their scope and to updating the necessary technical and legal requirements, notably to facilitate connections between Member States and speed up the exchange of data between them.
CONTENT: this proposal seeks to reinforce the exchange of information between Member States and therefore provide EU law enforcement authorities with enhanced tools to fight crime and terrorism. Its main aim is to improve, streamline and facilitate the exchange of criminal information between Member States’ law enforcement authorities, but also with the European Union Agency for Law Enforcement Cooperation established by Regulation (EU) No 2016/794 of the European Parliament and of the Council (Europol) as the Union criminal information hub.
Purpose
The purpose of Prüm II is twofold:
- to step up cross-border cooperation in matters, particularly the exchange of information between authorities responsible for the prevention, detection and investigation of criminal offences;
- to allow for the search for missing persons and unidentified human remains by authorities responsible for the prevention, detection and investigation of criminal offences.
Scope
The proposal applies to the national databases used for the automated transfer of the categories of DNA profiles, dactyloscopic data, facial images, police records and certain vehicle registration data.
Objective
The proposed initiative seeks to achieve the following objectives:
(1) provide a technical solution for efficient automated exchange of data between EU law enforcement authorities to make them aware of relevant data that is available in the national database of another Member State;
(2) ensure that more relevant data (namely facial images and police records) from national databases in other Member States is available to all competent EU law enforcement authorities;
(3) ensure that relevant data from Europol’s database is available to national law enforcement authorities and that Europol uses its data to its full potential;
(4) provide law enforcement authorities with efficient access to the actual data corresponding to a ‘hit’ that is available in the national database of another Member State or at Europol.
New (technical) architecture for the exchange of data
The proposal envisages the creation of central routers (the Prüm II router and the European Police Records Index System (EPRIS)) that would each act as a connecting point between Member States. This is a hybrid approach between a decentralised and centralised solution without any data storage at central level. It will imply that national databases in each Member State will all connect to the central router instead of connecting to one another. This approach would ensure that law enforcement authorities have fast and controlled access to the information that they need to perform their tasks, in line with their access rights.
Third country-sourced data
In an open society in a globalised world, data provided by third countries on criminals and terrorists is crucial. The proposal contains provisions on the access by Member States to third country-sourced biometric data stored by Europol and on the access by Europol to data stored in Member States’ databases.
Budgetary implications
This proposal would have an impact on the budget and staff needs of eu-LISA and Europol.
For eu-LISA, it is estimated that an additional budget of around EUR 16 million and around 10 additional posts would be needed for the overall MFF period. For Europol, it is estimated that an additional budget of around EUR 7 million and around 5 additional posts would be needed for the overall MFF period.
Documents
- Draft final act: 00075/2023/LEX
- Decision by Parliament, 1st reading: T9-0073/2024
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2023)006782
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2023)006782
- Committee report tabled for plenary, 1st reading: A9-0200/2023
- Amendments tabled in committee: PE737.534
- Amendments tabled in committee: PE737.535
- Committee draft report: PE736.469
- Economic and Social Committee: opinion, report: CES0264/2022
- Document attached to the procedure: OJ C 225 09.06.2022, p. 0006
- Document attached to the procedure: N9-0027/2022
- Document attached to the procedure: SEC(2021)0421
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0378
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0379
- Legislative proposal published: COM(2021)0784
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: SEC(2021)0421
- Document attached to the procedure: EUR-Lex SWD(2021)0378
- Document attached to the procedure: EUR-Lex SWD(2021)0379
- Document attached to the procedure: OJ C 225 09.06.2022, p. 0006 N9-0027/2022
- Economic and Social Committee: opinion, report: CES0264/2022
- Committee draft report: PE736.469
- Amendments tabled in committee: PE737.534
- Amendments tabled in committee: PE737.535
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2023)006782
- Draft final act: 00075/2023/LEX
Activities
- Heidi HAUTALA
Plenary Speeches (1)
- Stanislav POLČÁK
Plenary Speeches (1)
- Paul TANG
Plenary Speeches (1)
- Clare DALY
Plenary Speeches (1)
- Gwendoline DELBOS-CORFIELD
Plenary Speeches (1)
- Patricia CHAGNON
Plenary Speeches (1)
Votes
A9-0200/2023 – Paulo Rangel – Provisional agreement – Am 287 #
Amendments | Dossier |
588 |
2021/0410(COD)
2022/11/03
LIBE
588 amendments...
Amendment 237 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on
Amendment 238 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16(2), Article 82(1), point (d), Article 87(2), point (a), and Article 88(2) thereof,
Amendment 239 #
Proposal for a regulation Citation 5 Amendment 240 #
Proposal for a regulation Citation 5 a (new) Having regard to the opinion of the European Data Protection Supervisor1a _________________ 1a EDPS Opinion on the Proposal for a Regulation on automated data exchange for police cooperation, of 2 March 2022: https://edps.europa.eu/data- protection/our- work/publications/opinions/edps-opinion- proposal-regulation-automated-data_en
Amendment 241 #
Proposal for a regulation Recital 1 (1) The Union has set itself the objective of offering its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured. That objective should be achieved by means of, among others, appropriate measures to
Amendment 242 #
Proposal for a regulation Recital 2 (2) That objective requires that law enforcement authorities exchange data, in an efficient and timely manner, in order to effectively
Amendment 243 #
Proposal for a regulation Recital 3 (3) The objective of this Regulation is therefore to improve, streamline and facilitate the exchange of criminal information between Member States’ law enforcement authorities
Amendment 244 #
Proposal for a regulation Recital 3 (3)
Amendment 245 #
Proposal for a regulation Recital 3 (3) The objective of this Regulation is therefore to improve, streamline and facilitate the exchange of
Amendment 246 #
Proposal for a regulation Recital 4 (4) Council Decisions 2008/615/JHA31 and 2008/616/JHA32 laying down rules for the exchange of information between authorities responsible for the prevention and investigation of criminal offences by providing for the automated transfer of DNA profiles, dactyloscopic data and certain vehicle registration data, solely in the case provided for by law and at an advanced stage of the investigation, have proven important for tackling terrorism and cross-border crime. _________________ 31 Council Decision 2008/615/JHA of 23
Amendment 247 #
Proposal for a regulation Recital 4 (4) Council Decisions 2008/615/JHA31 and 2008/616/JHA32 laying down rules for the exchange of information between authorities responsible for the prevention and investigation of criminal offences by providing for the automated transfer of DNA profiles, dactyloscopic data and certain vehicle registration data, have
Amendment 248 #
Proposal for a regulation Recital 5 (5) This Regulation should lay down the conditions and procedures for the
Amendment 249 #
Proposal for a regulation Recital 5 (5) This Regulation should lay down the conditions and procedures for the
Amendment 250 #
Proposal for a regulation Recital 5 (5) This Regulation should lay down the conditions and procedures for the
Amendment 251 #
Proposal for a regulation Recital 5 (5) This Regulation should lay down the conditions and procedures for the automated transfer of DNA profiles, dactyloscopic data, vehicle registration data
Amendment 252 #
Proposal for a regulation Recital 5 a (new) (5 a) Given the sensitivity of the data concerned and the strict rules for processing such data adopted in Directive (EU) 2016/680, automated searches and exchange of data for the prevention, detection and investigation of criminal offences should only be allowed for offences referred to in Article 2(2) of Council Framework Decision 2002/584/JHA and punishable in the requesting Member State by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State.
Amendment 253 #
Proposal for a regulation Recital 6 (6) The processing of personal data and
Amendment 254 #
Proposal for a regulation Recital 6 (6) The processing of personal data and the exchange of personal data for the purposes of this Regulation is without prejudice to Regulation (EU) 2018/17251c and Directive 2016/6801d. In particular, it should not result in discrimination against persons on any grounds. It should fully respect human dignity and integrity and other fundamental rights, including the right to respect for one's private life and to the protection of personal data, in accordance with the Charter of Fundamental Rights of the European Union.
Amendment 255 #
Proposal for a regulation Recital 6 a (new) (6 a) While respecting the principle of subsidiarity, the Member States should work towards to the convergence of national rules for storing information on individuals in national databases for the purpose of prevention detection, and investigation of criminal offences.
Amendment 256 #
Proposal for a regulation Recital 7 Amendment 257 #
Proposal for a regulation Recital 7 (7) By providing for the
Amendment 258 #
Proposal for a regulation Recital 7 (7) By providing for the automated search or comparison of DNA profiles, dactyloscopic data
Amendment 259 #
Proposal for a regulation Recital 7 (7) By providing for the automated search or comparison of DNA profiles, dactyloscopic data, vehicle registration data, facial images and police records, the purpose of this Regulation is also to allow for the search of missing persons and unidentified human remains. This automated system should be subject to human supervision. This should be without prejudice to the entry of SIS alerts on missing persons and the exchange of supplementary information on such alerts under Regulation (EU) 2018/1862 of the European Parliament and of the Council.33
Amendment 260 #
Proposal for a regulation Recital 7 (7) By providing for the
Amendment 261 #
Proposal for a regulation Recital 7 (7) By providing for the automated search or comparison of DNA profiles, dactyloscopic data, vehicle registration data
Amendment 262 #
Proposal for a regulation Recital 8 (8) The Directive (EU) …/… [on information exchange between law enforcement authorities of Member States] provides a coherent Union legal framework to ensure that law enforcement authorities have equivalent access to information held by other Member States when they need it to fight crime and terrorism. To enhance information exchange, that Directive formalises and clarifies the procedures for information sharing between Member States, in particular for investigative purposes, including the role of the ‘Single Point of Contact’ for such exchanges
Amendment 263 #
Proposal for a regulation Recital 8 (8) The Directive (EU) …/… [on information exchange between law enforcement authorities of Member States] provides a coherent Union legal framework to ensure that law enforcement authorities have equivalent access to information held by other Member States when they need it to fight crime and terrorism. To enhance information exchange, that Directive formalises and clarifies the procedures for information sharing between Member States, in particular for investigative purposes, including the role of the ‘Single Point of Contact’ for such exchanges, and making full use of Europol’s information exchange channel SIENA. Any exchange of information beyond what is provided for in this Regulation is
Amendment 264 #
Proposal for a regulation Recital 9 (9) For the automated searching of vehicle registration data, Member States should use the European Vehicle and Driving Licence Information System (Eucaris) set up by the Treaty concerning a European Vehicle and Driving Licence Information System (EUCARIS) designed for this purpose. Eucaris should connect all participating Member States in a network.
Amendment 265 #
Proposal for a regulation Recital 9 (9) For the
Amendment 266 #
Proposal for a regulation Recital 10 Amendment 267 #
Proposal for a regulation Recital 10 (10) The identification of a criminal is essential for a successful criminal investigation and prosecution. The automated searching of facial images of suspects and persons convicted of criminal offences should provide for additional information for successfully identifying criminals and fighting crime. Given the sensitive nature of police records and the existence of diverging rules between Member State on the definition of criminal offences, this Regulation should be restricted to the processing of police records relating to serious criminal offences, as listed in Annex I of Regulation (EU) 2016/794.
Amendment 268 #
Proposal for a regulation Recital 10 (10)
Amendment 269 #
Proposal for a regulation Recital 10 (10) The identification of a criminal is essential for a successful criminal investigation and prosecution.
Amendment 270 #
Proposal for a regulation Recital 10 (10) The identification of a
Amendment 271 #
Proposal for a regulation Recital 10 (10) The identification of a criminal
Amendment 272 #
Proposal for a regulation Recital 11 (11) The automated search or comparison of biometric data (DNA profiles, dactyloscopic data and facial images) between authorities responsible for the prevention, detection and investigation of criminal offences under this Regulation should only concern data contained in Union’s or Member States’ databases established for the prevention, detection and investigation of criminal offences.
Amendment 273 #
Proposal for a regulation Recital 11 (11) The automated search or comparison of biometric data (DNA profiles, dactyloscopic data and facial images) between authorities responsible for the prevention, detection and investigation of criminal offences under this Regulation should only concern data contained in databases established for the prevention, detection and investigation of serious criminal offences.
Amendment 274 #
Proposal for a regulation Recital 11 (11) The
Amendment 275 #
Proposal for a regulation Recital 11 (11) The
Amendment 276 #
Proposal for a regulation Recital 11 (11) The automated search or comparison of biometric data (DNA profiles
Amendment 277 #
Proposal for a regulation Recital 12 Amendment 278 #
Proposal for a regulation Recital 12 Amendment 279 #
Proposal for a regulation Recital 12 (12) Participation in the exchange of police records should remain voluntary. Where Member States decide to participate
Amendment 280 #
Proposal for a regulation Recital 12 a (new) (12 a) The exchange of police records in this regulation should not cover data exchange in the existing European Criminal Records Information System (ECRIS) framework.
Amendment 281 #
Proposal for a regulation Recital 13 Amendment 282 #
Amendment 283 #
Proposal for a regulation Recital 13 (13) In recent years, Europol has received a large amount of biometric data of suspect
Amendment 284 #
Proposal for a regulation Recital 13 (13) In recent years, Europol has received a large amount of biometric data of suspected and convicted terrorists and criminals from several third countries. Including third country-sourced data stored at Europol in the Prüm framework and thus making this data available to law enforcement authorities
Amendment 285 #
Proposal for a regulation Recital 14 Amendment 286 #
Proposal for a regulation Recital 14 (14) Europol should be able to search Member States’ databases under the Prüm framework with data received from third countries in order to establish cross-border links between cases of serious criminal
Amendment 287 #
Proposal for a regulation Recital 14 (14) Europol should be able to search Member States’ databases under the Prüm framework with data received from third countries in order to establish cross-border
Amendment 288 #
Proposal for a regulation Recital 15 (15) Decisions 2008/615/JHA and 2008/616/JHA provide for a network of bilateral connections between the national databases of Member States. As a consequence of this technical architecture, each Member State should establish at least 26 connections, that means a connection with each Member State, per data category. The router
Amendment 289 #
Proposal for a regulation Recital 15 (15) Decisions 2008/615/JHA and 2008/616/JHA provide for a network of bilateral connections between the national databases of Member States. As a consequence of this technical architecture, each Member State should establish at least 26 connections, that means a connection with each Member State, per data category. The router
Amendment 290 #
Proposal for a regulation Recital 15 (15) Decisions 2008/615/JHA and 2008/616/JHA provide for a network of bilateral connections between the national databases of Member States. As a consequence of this technical architecture, each Member State should establish at least 26 connections, that means a connection
Amendment 291 #
Proposal for a regulation Recital 15 (15) Decisions 2008/615/JHA and 2008/616/JHA provide for a network of bilateral connections between the national databases of Member States. As a consequence of this technical architecture, each Member State should establish at least 26 connections, that means a connection with each Member State, per data category. The router and the European Police Records Index System (EPRIS) established by this Regulation should simplify the technical architecture of the Prüm framework and serve as connecting points between all Member States. The router should require a single connection per Member State in relation to biometric data and EPRIS should require a single connection per Member State in relation to police records of serious criminal offences.
Amendment 292 #
Proposal for a regulation Recital 16 (16)
Amendment 293 #
Proposal for a regulation Recital 16 (16) The router should be connected to the European Search Portal established by Article 6 of Regulation (EU) 2019/817 of the European Parliament and of the Council34 and Article 6 of Regulation (EU) 2019/818 of the European Parliament and of the Council35 to allow Member States’ authorities and Europol to launch queries to national databases under this Regulation simultaneously to queries to the Common Identity Repository established by Article 17 of Regulation (EU) 2019/817 and Article 17 of Regulation (EU) 2019/818 for
Amendment 294 #
Proposal for a regulation Recital 17 (17) In case of a match between the data used for the search or comparison and data held in the national database of the requested Member State(s), and upon manual confirmation of this match by qualified staff from the
Amendment 295 #
Proposal for a regulation Recital 17 (17) In case of a match between the data used for the search or comparison and data held in the national database of the requested Member State(s), and upon confirmation of this match by the requesting Member State, the requested Member State should return a limited set of core data via the router within 24 hours. The deadline would ensure fast communication exchange between Member States’ authorities. Member States should retain control over the release of this limited set of core data.
Amendment 296 #
Proposal for a regulation Recital 17 (17) In case of a match between the data used for the search or comparison and data held in the national database of the requested Member State(s), and upon confirmation of this match by the requesting Member State, the requested Member State should return a limited set of core data via the router within
Amendment 297 #
Proposal for a regulation Recital 18 Amendment 298 #
Proposal for a regulation Recital 18 (18) Any exchange between Member
Amendment 299 #
Proposal for a regulation Recital 19 (19) The universal message format (UMF) standard should be used in the development of the router
Amendment 300 #
Proposal for a regulation Recital 19 (19) The universal message format (UMF) standard should be used in the development of the router and EPRIS. Any
Amendment 301 #
Proposal for a regulation Recital 19 (19) The universal message format (UMF) standard should be used in the development of the router
Amendment 302 #
Proposal for a regulation Recital 20 a (new) Amendment 303 #
Proposal for a regulation Recital 20 b (new) (20 b) When considering, implementing or adjusting the connection of databases to the Router, EPRIS or EUCARIS, Member States should take note of developing case law from the European Court of Justice on the interpretation of strict necessity in relation to the use of biometric databases.
Amendment 304 #
Proposal for a regulation Recital 20 c (new) Amendment 305 #
Proposal for a regulation Recital 21 (21) Certain aspects of the Prüm II framework cannot be covered exhaustively by this Regulation given their technical, highly detailed and frequently changing nature. Those aspects include, for example, technical arrangements and specifications for automated searching procedures, the standards for data exchange, including minimum quality standards, and the data elements to be exchanged. In order to
Amendment 306 #
Proposal for a regulation Recital 21 (21) Certain aspects of the Prüm II framework cannot be covered exhaustively by this Regulation given their technical, highly detailed and frequently changing nature. Those aspects include, for example, technical arrangements and specifications for
Amendment 307 #
Proposal for a regulation Recital 21 a (new) (21 a) Data quality in the context of automated comparison is an essential prerequisite to ensure the efficiency of the present Regulation and reduce the risk of false matches. Adequate standards should be determined at EU level by means of implementing act for data exchanged in the framework of this Regulation.
Amendment 308 #
Proposal for a regulation Recital 21 b (new) (21 b) Member States and Europol should ensure that data exchanged in the framework of this Regulation are accurate and up-to-date. In accordance to the principles of data protection, Member States and Europol should make sure that any data transmitted that is found to be incorrect, inaccurate or outdated is corrected or deleted, as appropriate, and any correction or deletion is communicated to all recipients without delay. For example, the situation of a suspected person who is then not convicted or acquitted should be updated accordingly in application to this Regulation.
Amendment 309 #
Proposal for a regulation Recital 21 c (new) (21 c) Strong monitoring of the implementation and the application of this Regulation of utmost importance. In particular, compliance with rules for processing personal data, should be subject to effective safeguards, monitoring and audits by data controllers, supervisory authorities and the European Data Protection Supervisor. Provisions allowing for a regular checking of the admissibility of queries, the lawfulness of data processing or the manual confirmation of matches should be in place. Member States and Europol should also ensure adequate human, technical and financial resources for this purpose.
Amendment 310 #
Proposal for a regulation Recital 23 (23) As the router should be developed and managed by the European Union Agency for the Operational Management of Large-Scale Information Systems in the Area of Freedom, Security and Justice established by Regulation (EU) 2018/1726 of the European Parliament and of the Council37 (eu-LISA), it is therefore necessary to amend Regulation (EU) 2018/1726 by adding that to the tasks of eu-LISA. In order to allow for the router to be connected to the European Search Portal to carry out simultaneous searches of the router and the Common Identity Repository it is therefore necessary to amend Regulation (EU) 2019/817. In order to allow for the router to be connected to the European Search Portal to carry out simultaneous searches of the router and the Common Identity Repository and in order to store reports and statistics of the router on the Common Repository for Reporting and Statistics it is therefore necessary to amend Regulation (EU) 2019/818. Those Regulations should therefore be amended accordingly to provide for specific safeguards in order to address specific challenges relating to the modalities of querying and the quality and the performance of the matching of data, including of facial images. _________________ 37 Regulation (EU) 2018/1726 of the
Amendment 311 #
Proposal for a regulation Recital 26 (26) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council38 and delivered an opinion on
Amendment 312 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes a framework
Amendment 313 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes a framework for the exchange of information between authorities responsible for the prevention, detection and investigation of serious criminal offences (Prüm II).
Amendment 314 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes a framework for the exchange of information between authorities responsible for the prevention, detection and investigation of serious criminal offences (Prüm II).
Amendment 315 #
This Regulation lays down the conditions and procedures for the
Amendment 316 #
Proposal for a regulation Article 1 – paragraph 2 This Regulation lays down the conditions and procedures for the automated searching of DNA profiles, dactyloscopic data
Amendment 317 #
Proposal for a regulation Article 1 – paragraph 2 This Regulation lays down the conditions and procedures for the automated searching of DNA profiles, dactyloscopic data, facial images, police records and certain vehicle registration data and the rules regarding the exchange of core data following a
Amendment 318 #
Proposal for a regulation Article 1 – paragraph 2 This Regulation lays down the conditions and procedures for the
Amendment 319 #
Proposal for a regulation Article 1 – paragraph 2 This Regulation lays down the conditions and procedures for the automated searching of DNA profiles, dactyloscopic data
Amendment 320 #
Proposal for a regulation Article 1 – paragraph 2 This Regulation lays down the conditions and procedures for the automated searching of DNA profiles, dactyloscopic data,
Amendment 321 #
Proposal for a regulation Article 2 – paragraph 1 The purpose of Prüm II shall be to step up cross-border cooperation in matters covered by Part III, Title V, Chapter 5 of the Treaty on the Functioning of the European Union, particularly the exchange of information between authorities responsible for the prevention, detection and investigation of serious criminal offences
Amendment 322 #
Proposal for a regulation Article 2 – paragraph 1 The purpose of Prüm II shall be to
Amendment 323 #
Proposal for a regulation Article 2 – paragraph 1 The purpose of Prüm II shall be to step up cross-border cooperation in matters covered by Part III, Title V, Chapter 5 of the Treaty on the Functioning of the European Union, particularly by facilitating the exchange of information between authorities responsible for the prevention, detection and investigation of criminal offences.
Amendment 324 #
Proposal for a regulation Article 2 – paragraph 1 The purpose of Prüm II shall be to step up cross-border cooperation in matters covered by Part III, Title V, Chapter 5 of the Treaty on the Functioning of the European Union, particularly the exchange of information between authorities responsible for the prevention, detection and investigation of serious criminal offences.
Amendment 325 #
Proposal for a regulation Article 2 – paragraph 2 Amendment 326 #
Proposal for a regulation Article 2 – paragraph 2 Amendment 327 #
Proposal for a regulation Article 2 – paragraph 2 Amendment 328 #
Proposal for a regulation Article 2 – paragraph 2 Amendment 329 #
Proposal for a regulation Article 3 – paragraph 1 This Regulation applies to the national databases used for
Amendment 330 #
Proposal for a regulation Article 3 – paragraph 1 This Regulation applies to the national databases used for the automated transfer of the categories of DNA profiles, dactyloscopic data
Amendment 331 #
Proposal for a regulation Article 3 – paragraph 1 This Regulation applies to the national databases used for the automated transfer of the categories of DNA profiles, dactyloscopic data,
Amendment 332 #
Proposal for a regulation Article 3 – paragraph 1 This Regulation applies to the national databases used for the
Amendment 333 #
This Regulation applies to the national databases used for the automated transfer of the categories of DNA profiles, dactyloscopic data,
Amendment 334 #
Proposal for a regulation Article 4 – paragraph 1 – point 6 (6) ‘unidentified DNA profile’ means the DNA profile obtained from traces collected during the investigation of serious criminal offences and belonging to a person not yet identified;
Amendment 335 #
Proposal for a regulation Article 4 – paragraph 1 – point 9 (9) ‘individual case’ means a single investigation file into one or more persons who have been convicted of a serious criminal offence or are reasonably suspected of a serious criminal offence in accordance with this Regulation;
Amendment 336 #
Proposal for a regulation Article 4 – paragraph 1 – point 9 (9) ‘individual case’ means one or more persons who have been convicted of a serious crime or are reasonably suspected of a serious crime in accordance with this Regulation, in a single investigation file;
Amendment 337 #
Proposal for a regulation Article 4 – paragraph 1 – point 9 (9) ‘individual case’ means a
Amendment 338 #
Proposal for a regulation Article 4 – paragraph 1 – point 10 Amendment 339 #
Proposal for a regulation Article 4 – paragraph 1 – point 10 Amendment 340 #
Proposal for a regulation Article 4 – paragraph 1 – point 10 Amendment 341 #
Proposal for a regulation Article 4 – paragraph 1 – point 10 Amendment 342 #
Proposal for a regulation Article 4 – paragraph 1 – point 10 (10) ‘facial image’ means digital image of the face;
Amendment 343 #
Proposal for a regulation Article 4 – paragraph 1 – point 11 Amendment 344 #
Proposal for a regulation Article 4 – paragraph 1 – point 11 (11) ‘biometric data’ means DNA profiles
Amendment 345 #
Proposal for a regulation Article 4 – paragraph 1 – point 11 (11)
Amendment 346 #
Proposal for a regulation Article 4 – paragraph 1 – point 11 (11) ‘biometric data’ means DNA profiles, dactyloscopic data
Amendment 347 #
Proposal for a regulation Article 4 – paragraph 1 – point 16 Amendment 348 #
Proposal for a regulation Article 4 – paragraph 1 – point 16 Amendment 349 #
Proposal for a regulation Article 4 – paragraph 1 – point 16 Amendment 350 #
Proposal for a regulation Article 4 – paragraph 1 – point 16 (16) ‘police records’ means any information available in the national register or registers
Amendment 351 #
Proposal for a regulation Article 4 – paragraph 1 – point 16 (16) ‘police records’ means
Amendment 352 #
Proposal for a regulation Article 4 – paragraph 1 – point 18 Amendment 353 #
Proposal for a regulation Article 4 – paragraph 1 – point 18 a (new) (18 a) ‘serious criminal offence’ means an offence under national law which corresponds or is equivalent to one of the offences referred to in Article 2(2) of Council Framework Decision 2002/584/JHA, if the offence is punishable under national law by a detention order or a custodial sentence of five years or more.
Amendment 354 #
Proposal for a regulation Article 4 – paragraph 1 – point 18 a (new) (18 a) 'Serious criminal offence' means an offence within the meaning of Article 2(2) of Council Framework Decision 2002/584/JHA, which is punishable in the requesting Member State by a custodial sentence or a detention order for a maximum period of at least five years.
Amendment 355 #
Proposal for a regulation Article 4 – paragraph 1 – point 18 b (new) (18 b) ‘criminals’ means persons convicted of a criminal offence;
Amendment 356 #
Proposal for a regulation Article 4 – paragraph 1 – point 18 c (new) (18 c) ‘suspects’ means persons with regard to whom there are serious factual grounds for believing that they have committed or are about to commit a criminal offence;
Amendment 357 #
(24 a) ‘personal data’ means personal data as defined in Article 3, point (1) of Directive (EU) 2016/680;
Amendment 358 #
Proposal for a regulation Article 4 – paragraph 1 – point 24 b (new) (24 b) ‘suspect’ means according to national law a person with regard to whom there are serious grounds for believing that they have committed or are about to commit a criminal offence, as referred to in Article 6 of Directive (EU) 2016/680;
Amendment 359 #
Proposal for a regulation Article 4 – paragraph 1 – point 24 c (new) (24 c) ‘serious criminal offence’ means crimes listed in Annex I of Regulation (EU) 2016/794.
Amendment 360 #
Proposal for a regulation Article 4 a (new) Article 4 a Categories of data subject Automated searches of biometric data shall be permitted for the following categories of data subject only: (a) suspects; (b) persons convicted of a serious crime.
Amendment 361 #
Proposal for a regulation Chapter 1 a (new) Amendment 362 #
Proposal for a regulation Chapter 2 – title 2 EXCHANGE OF DATA OF PERSONS CONVINCTED OF OR REASONABLY SUSPECTED OF A SERIOUS CRIMINAL OFFENCE IN THE CONTEXT OF INVESTIGATIONS INTO SERIOUS CRIMINAL OFFENCES
Amendment 363 #
Proposal for a regulation Chapter 2 – Section 1 – title 1 DNA profiles of persons convicted of or reasonably suspected of a serious criminal offence
Amendment 364 #
Proposal for a regulation Article 5 – title Establishment of national DNA analysis
Amendment 365 #
1. If foreseen in their national law, Member States shall
Amendment 366 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. Member States shall open and keep national DNA analysis files for the prevention, detection and investigation of criminal offences.
Amendment 367 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. Member States shall open and keep national DNA analysis files for the investigation of serious criminal offences.
Amendment 368 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. Member States shall open and keep national DNA analysis files for the investigation of serious criminal offences.
Amendment 369 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 1 Processing of data kept in those
Amendment 370 #
Proposal for a regulation Article 5 – paragraph 2 – introductory part 2. Member States shall ensure the availability of DNA reference data from their national DNA analysis files as referred to in paragraph 1.
Amendment 371 #
Proposal for a regulation Article 5 – paragraph 2 – introductory part 2. Member States shall ensure the availability of DNA reference data from their national DNA
Amendment 372 #
Proposal for a regulation Article 5 – paragraph 2 a (new) 2 a. The Commission shall adopt implementing acts to specify the minimum conditions and requirement for automated searching of DNA profiles. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 76(2).
Amendment 373 #
Proposal for a regulation Article 5 a (new) Article 5 a Data Protection Impact Assessment Member States shall conduct an ex ante Data Protection Impact Assessment and prior consultation referred to in Articles 27 and 28 of Directive (EU) 2016/680, respectively, to ensure that data in the database(s)have been stored in accordance with the requirement of strict necessity, prior to the connection of any system to the router, EPRIS or Eucaris as referred to in Article 63(2).
Amendment 374 #
Proposal for a regulation Article 5 b (new) Article 5 b Procedural guarantees for connected databases 1. Member States shall ensure that data in any database(s) connected to the router, EPRIS or Eucaris as referred to in Article 63(2) contain only the data of persons convicted of having committed offences as referred to in one of the offences referred to in Directive (EU) 2017/541 of the European Parliament and of the Council or in Article 2(2) of Council Framework Decision 2002/584/JHA, if, in both cases, the offence is punishable in the requesting Member State by a custodial sentence or a detention order for period of five years or more, as determined by the law of that Member State, or persons meeting the criteria of serious, reasoned grounds of suspicion referred to in Article 6(b) of Directive(EU) 2016/680. 2. Member States shall ensure that data in any database(s) connected to the router, EPRIS or Eucaris as referred to in Article 63(2) are removed within 3 months of the person’s acquittal or a decision not to charge, except where there is a specific basis in national law for the retention of data in specific circumstances beyond 3months. 3. Member States shall ensure that persons are informed of their inclusion in the database and their rights of redress, except where this will be prejudicial to an ongoing investigation of a serious criminal offence. 4. Member States shall report annually to the European Commission on the following anonymised statistics: (a) The number of persons whose data are held in each connected database; (b) The proportion of persons whose data are held in each connected database that are suspected, and how many convicted; (c) The types of crimes that the persons whose data are held in each connected database are suspected of or have committed, as proportions of the overall database; 5. The European Commission shall make these anonymous statistics, disaggregated by Member State, publicly available.
Amendment 375 #
Proposal for a regulation Article 5 c (new) Article 5 c Data protection guidance The Commission shall, in close cooperation with the European Data Protection Board, make available guidelines on the implementation of Directive (EU) 2016/680 in the context of criminal databases and the cross-border exchange of data, in particular concerning accuracy, strict necessity, and ensuring respect for the right to data protection. The Commission shall adopt the practical handbook in the form of a recommendation.
Amendment 376 #
Proposal for a regulation Article 5 d (new) Article 5 d Public transparency Member States and Europol shall publicly disclose which databases are connected to the Prüm router, EPRIS or Eucaris, including the relevant controller(s) and processor(s), and a summary of the results of the Data Protection Impact Assessment conducted pursuant to Article 5a (new).
Amendment 377 #
Proposal for a regulation Article 5 e (new) Article 5 e Procedural guarantees following a match Member States shall ensure that they have corroborating evidence before arresting or detaining an individual, meaning that such arrests or detainment cannot be pursued solely on the basis of a match returned via the Prüm router, EPRIS or Eucaris.
Amendment 380 #
1. Member States shall
Amendment 381 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. For the prevention, detection and investigation of criminal offences, Member States shall allow national contact points referred to in Article 29 and Europol access to the DNA reference data in their DNA analysis files, to conduct automated searches by comparing DNA profiles for th
Amendment 382 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. Member States shall allow national contact points referred to in Article 29 and Europol access to the DNA reference data in their DNA analysis files, to conduct
Amendment 383 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. Member States shall allow national contact points referred to in Article 29
Amendment 384 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 1 Amendment 385 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 1 Searches may be conducted only in individual cases and in compliance with the national law of the requesting Member State, and only for investigation of serious criminal offences referred to in Article 2(2) of Council Framework Decision 2002/584/JHA and punishable in the requesting Member State by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State..
Amendment 386 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 1 Searches
Amendment 387 #
Proposal for a regulation Article 6 – paragraph 2 – introductory part 2. Should a
Amendment 388 #
Proposal for a regulation Article 6 – paragraph 2 – introductory part 2.
Amendment 389 #
Proposal for a regulation Article 6 – paragraph 2 – introductory part 2. Should an automated search show that a supplied DNA profile matches DNA profiles entered in the requested Member State's searched file, the national contact point of the requesting Member State
Amendment 390 #
Proposal for a regulation Article 6 – paragraph 2 – introductory part 2. Should an automated search show that a supplied DNA profile matches DNA profiles entered in the requested Member State's searched file, the national contact point of the requesting Member State shall receive
Amendment 391 #
Proposal for a regulation Article 6 – paragraph 3 3.
Amendment 392 #
Proposal for a regulation Article 6 – paragraph 3 3. The national contact point of the requesting Member State shall
Amendment 393 #
Proposal for a regulation Article 6 – paragraph 3 3.
Amendment 394 #
Proposal for a regulation Article 6 – paragraph 3 3. The national contact point of the requesting Member State shall confirm a match of DNA profiles data with DNA reference data held by the requested Member State following the
Amendment 395 #
Proposal for a regulation Article 6 – paragraph 3 a (new) 3 a. The requested Member State(s)shall process such requests without delay to decide whether to share the data stored in their database. Upon confirmation, the requested Member State(s) shall share the DNA reference data via the router.
Amendment 396 #
Proposal for a regulation Article 6 – paragraph 3 a (new) 3 a. a human review by an authorised router user pursuant to Article 36 to ensure the profile is of sufficient quality, accuracy and veracity; and
Amendment 397 #
Proposal for a regulation Article 6 – paragraph 3 b (new) 3 b. a human review either by an authorised router user pursuant to Article 36, or by an independent judicial authority, to confirm that the request from the requesting Member State respects the fundamental rights and freedoms of the data subject pursuant to Directive (EU) 2016/680;
Amendment 398 #
Proposal for a regulation Article 6 – paragraph 3 b (new) 3 b. The requested Member State may refuse to supply DNA reference data to the requesting Member State if the accuracy and veracity of the supplied DNA profiles data has not been confirmed, or if the requested Member State has concerns regarding the legitimacy of the request.
Amendment 399 #
Proposal for a regulation Article 6 – paragraph 3 c (new) Amendment 400 #
Proposal for a regulation Article 6 – paragraph 3 c (new) 3 c. Access to data of categories of data subject other than convicted criminals or suspects shall be accompanied by a factual and detailed justification in line with purposes as established in national and EU law.
Amendment 401 #
Proposal for a regulation Article 7 Amendment 402 #
Proposal for a regulation Article 7 A
Amendment 403 #
Proposal for a regulation Article 7 – title Amendment 404 #
Proposal for a regulation Article 7 – paragraph 1 1. Member States may, via their national contact points, compare the DNA profiles of their unidentified DNA profiles with all DNA profiles from other national DNA analysis files for the investigation of serious criminal offences. Profiles shall be supplied and compared in an automated manner.
Amendment 405 #
Proposal for a regulation Article 7 – paragraph 1 1. Member States may, via their national contact points, compare the DNA profiles of their unidentified DNA profiles with all DNA profiles from other national DNA analysis files for the investigation of criminal offences. Profiles shall be supplied
Amendment 406 #
Proposal for a regulation Article 7 – paragraph 2 2. Should a requested Member State, as a result of the comparison referred to in paragraph 1, find that any DNA profiles supplied match any of those in its DNA analysis files, it shall, without delay,
Amendment 407 #
Proposal for a regulation Article 7 – paragraph 3 3. The confirmation of a match of DNA profiles with DNA reference data held by the requested Member State shall be carried out
Amendment 408 #
Proposal for a regulation Article 7 – paragraph 3 3. The human confirmation of a match of DNA profiles with DNA reference data held by the requested Member State shall be carried out by the national contact point of the requesting Member State
Amendment 409 #
Proposal for a regulation Article 8 Amendment 410 #
Proposal for a regulation Article 8 – paragraph 1 Each Member State shall inform the Commission and eu-LISA of the national DNA analysis files, to which Articles 5
Amendment 411 #
Proposal for a regulation Article 8 – paragraph 1 Each Member State shall inform the Commission and eu-LISA of the national DNA
Amendment 412 #
Proposal for a regulation Article 10 – paragraph 1 1.
Amendment 413 #
Proposal for a regulation Article 10 – paragraph 1 1. A
Amendment 414 #
Proposal for a regulation Article 10 – paragraph 2 2. Member States and Europol shall take the necessary measures to guarantee the integrity and minimum quality standards of the DNA profiles made available or sent for comparison to the other Member States and to ensure that those measures comply with the relevant European or international standards for DNA data exchange.
Amendment 415 #
Proposal for a regulation Article 10 – paragraph 3 3. The Commission shall adopt implementing acts to establish minimum quality standards of the DNA profiles and to specify the relevant European or international standards that are to be used by Member States or Europol for DNA reference data exchange. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 76(2).
Amendment 416 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. A request for a
Amendment 417 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. A request for a
Amendment 418 #
Proposal for a regulation Article 11 – paragraph 1 – point d a (new) (d a) for DNA profiles of categories of data subjects other than convicted criminals or suspects, a detailed justification, which includes the specific purpose of the search.
Amendment 419 #
Proposal for a regulation Article 11 – paragraph 2 – point f (f) the type of DNA profiles
Amendment 420 #
Proposal for a regulation Article 11 – paragraph 2 – point g Amendment 421 #
Proposal for a regulation Article 11 – paragraph 3 3. Automated notification of a match shall only be provided if the automated search or comparison has resulted in a match of a minimum number of loci. The European Data Protection Board shall issue guidelines to determine the minimum number of loci to ensure that the thresholds are sufficiently high to ensure accuracy, reasonably minimise the risk of misidentification and prevent discrimination. The Commission shall adopt implementing acts to specify this minimum number of loci and maximum number of candidates, in accordance with the procedure referred to in Article 76(2).
Amendment 422 #
Proposal for a regulation Article 11 – paragraph 3 3. Automated notification of a match shall only be provided if the automated search or comparison has resulted in a match of a minimum number of loci. The
Amendment 423 #
Proposal for a regulation Article 11 – paragraph 3 3. Automated notification of a match shall only be provided if the
Amendment 424 #
Proposal for a regulation Article 11 – paragraph 3 3.
Amendment 425 #
Proposal for a regulation Article 11 – paragraph 4 4. Where a search or comparison with unidentified DNA profiles results in a match, each requested Member State with matching data may insert a marking in its national database indicating that there has been a match for that DNA profile following another Member State's search or comparison. Where applicable, this marking shall include the justification pursuant to paragraph 1(3).
Amendment 426 #
Proposal for a regulation Chapter 2 – Section 2 – title 2 Dactyloscopic data of persons convicted of or reasonably suspected of a serious criminal offence
Amendment 427 #
Proposal for a regulation Article 12 – paragraph 1 1. Member States shall ensure the availability of dactyloscopic reference data from the file for the national automated fingerprint identification systems established for the prevention, detection and investigation of serious criminal offences.
Amendment 428 #
Proposal for a regulation Article 12 – paragraph 1 1. Member States shall ensure the availability of dactyloscopic reference data from the file for the national
Amendment 429 #
Proposal for a regulation Article 12 – paragraph 2 2. Dactyloscopic reference data shall not contain any additional data from which an individual can be directly identified.
Amendment 430 #
Proposal for a regulation Article 13 – title Amendment 431 #
Proposal for a regulation Article 13 – paragraph 1 – introductory part Amendment 432 #
Proposal for a regulation Article 13 – paragraph 1 – introductory part 1. For the prevention, detection and investigation of serious criminal offences, Member States
Amendment 433 #
Proposal for a regulation Article 13 – paragraph 1 – introductory part 1. For the prevention, detection and investigation of serious criminal offences, Member
Amendment 434 #
Proposal for a regulation Article 13 – paragraph 1 – subparagraph 1 Amendment 435 #
Proposal for a regulation Article 13 – paragraph 1 – subparagraph 1 Searches may be conducted only in individual cases and in compliance with the national law of the requesting Member State, and only for investigation of serious criminal offences referred to in Article 2(2) of Council Framework Decision 2002/584/JHA and punishable in the requesting Member State by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State..
Amendment 436 #
Proposal for a regulation Article 13 – paragraph 1 – subparagraph 1 Searches
Amendment 437 #
Proposal for a regulation Article 13 – paragraph 2 2. The national contact point of the requesting Member State shall confirm a match of dactyloscopic data with dactyloscopic reference data held by the requested Member State following the
Amendment 438 #
Proposal for a regulation Article 13 – paragraph 2 2.
Amendment 439 #
Proposal for a regulation Article 13 – paragraph 2 2. The national contact point of the requesting Member State shall
Amendment 440 #
Proposal for a regulation Article 13 – paragraph 2 2. The national contact point of the requesting Member State shall confirm a match of dactyloscopic data with dactyloscopic reference data held by the requested Member State following the
Amendment 441 #
Proposal for a regulation Article 13 – paragraph 2 2. The national contact point of the requesting Member State shall confirm a match of dactyloscopic data with dactyloscopic reference data held by the requested Member State following the
Amendment 442 #
Proposal for a regulation Article 13 – paragraph 2 a (new) 2 a. Any matches resulting from the query in each Member State’s database shall manually reviewed by the requested Member State. If a match is confirmed, the requested Member States shall invite the requesting Member State to send a reasoned follow-up request containing any additional relevant information to the requested Member State(s).
Amendment 443 #
Proposal for a regulation Article 13 – paragraph 2 b (new) 2 b. The requested Member State(s) shall process such requests without delay to decide whether to share the data stored in their database. Upon confirmation, the requested Member State(s) shall share the dactyloscopic reference data via the router.
Amendment 444 #
Proposal for a regulation Article 13 – paragraph 2 c (new) 2 c. The requested Member State may refuse to supply DNA reference data to the requesting Member State if the accuracy and veracity of the supplied DNA profiles data has not been confirmed, or if the requested Member State has concerns regarding the legitimacy of the request.
Amendment 445 #
Proposal for a regulation Article 15 – paragraph 1 1. The digitalisation of dactyloscopic data and their transmission to the other Member States or Europol shall be carried out in accordance with a uniform data format. The Commission shall adopt implementing acts to specify the uniform data format in accordance with the procedure referred to in Article 76(2).
Amendment 446 #
Proposal for a regulation Article 15 – paragraph 2 2. Each Member State shall ensure that the dactyloscopic data it transmits are of sufficient quality for a comparison by the automated fingerprint identification systems. The Commission shall adopt delegated acts to specify the minimum standards for dactyloscopic data that must be met by Member States before any transmission of data. These minimum standards shall be independently verified by the European Data Protection Board to ensure that the thresholds are sufficiently high to ensure accuracy, reasonably minimise the risk of misidentification and prevent discrimination. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 76(2).
Amendment 447 #
Proposal for a regulation Article 15 – paragraph 2 2. Each Member State and Europol shall ensure that the dactyloscopic data it transmits are of sufficient quality for a comparison by the automated fingerprint identification systems. The Commission shall adopt an implementing act to specify the minimum quality standard for the comparison of dactyloscopic data. That implementing act shall be adopted in accordance with the procedure referred to in Article 76(2).
Amendment 448 #
Proposal for a regulation Article 15 – paragraph 3 3. Member States and Europol shall take appropriate measures to ensure the confidentiality and integrity of dactyloscopic data being sent to other Member States, including their encryption.
Amendment 449 #
Proposal for a regulation Article 15 – paragraph 3 3. Member States shall take a
Amendment 450 #
Proposal for a regulation Article 16 – paragraph 1 – introductory part 1. Each Member and Europol State shall ensure that its search requests do not exceed the
Amendment 451 #
Proposal for a regulation Article 16 – paragraph 1 – subparagraph 1 Amendment 452 #
Proposal for a regulation Article 16 – paragraph 2 2. The Commission shall adopt implementing acts to specify the maximum numbers of candidates accepted for comparison per transmission in accordance with the procedure referred to in Article 76(2). If, after that adoption, a Member State inform the Commission and eu- LISA of a change of its maximum search capacities, the Commission shall review the relevant implementing act accordingly.
Amendment 453 #
Proposal for a regulation Article 17 – paragraph 2 – point f Amendment 454 #
Proposal for a regulation Chapter 2 – Section 3 – title 3
Amendment 455 #
Proposal for a regulation Chapter 2 – Section 3 – title 3
Amendment 456 #
Proposal for a regulation Article 18 – title Amendment 457 #
Proposal for a regulation Article 18 – paragraph 1 – introductory part 1. For the prevention, detection and investigation of serious cross-border criminal offences, Member States shall allow national contact points of other Member States
Amendment 458 #
Proposal for a regulation Article 18 – paragraph 1 – introductory part 1. For the prevention, detection and investigation of serious criminal offences, Member States shall allow national contact points of other Member States and Europol access to the following national vehicle registration data, to conduct
Amendment 459 #
Proposal for a regulation Article 18 – paragraph 1 – introductory part 1. For the prevention, detection and investigation of serious criminal offences, Member States shall allow national contact points of other Member States
Amendment 460 #
Proposal for a regulation Article 18 – paragraph 1 – point a (a)
Amendment 461 #
Proposal for a regulation Article 18 – paragraph 1 – point a (a) Certain data relating to owners or operators;
Amendment 462 #
Proposal for a regulation Article 18 – paragraph 1 – point a (a)
Amendment 463 #
Proposal for a regulation Article 18 – paragraph 1 – point b (b) data re
Amendment 464 #
Proposal for a regulation Article 18 – paragraph 2 2. Searches may be conducted only with a full chassis number or a full registration number.
Amendment 465 #
Proposal for a regulation Article 18 – paragraph 3 3. Searches may be conducted only in compliance with the national law of the requesting Member State, and only for investigation of criminal offences referred to in Article 2(2) of Council Framework Decision 2002/584/JHA and punishable in the requesting Member State by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State.
Amendment 466 #
Proposal for a regulation Article 19 – title Principles of
Amendment 467 #
Proposal for a regulation Article 19 – paragraph 1 1. For
Amendment 468 #
Proposal for a regulation Article 19 – paragraph 1 a (new) 1 a. Any matches resulting from the query in Eucaris shall be manually reviewed by the Member State which has performed the search.
Amendment 469 #
Proposal for a regulation Article 19 – paragraph 1 b (new) 1 b. Access to EUCARIS for all Member States should be conditioned on a full, independent, ex ante data protection impact assessment, as referred to in Article 27 of Directive 2016/680, which should, at minimum, verify that data in the database has or have been stored in accordance with the law, in particular, the requirements of ‘strict necessity’ and proportionality under Directive (EU) 2016/680 of the European Parliament and the Council, which postdates Council Decisions2008/615/JHA and2008/616/JHA, and verify that officials are following the correct rules and procedures for data storage and processing.
Amendment 470 #
Proposal for a regulation Article 19 – paragraph 3 3. The Commission shall adopt
Amendment 471 #
Proposal for a regulation Article 19 – paragraph 3 3. The Commission shall adopt implementing acts to specify the data elements of the vehicle registration data to be exchanged. Those implementing acts
Amendment 472 #
Proposal for a regulation Article 20 – title Keeping of logs of queries to exchange vehicle registration data
Amendment 473 #
Each Member State
Amendment 474 #
Proposal for a regulation Article 20 – paragraph 2 – subparagraph 1 Those logs shall be protected by a
Amendment 475 #
Proposal for a regulation Article 20 – paragraph 2 – subparagraph 1 Those logs shall be protected by appropriate measures against unauthorised access and erased
Amendment 476 #
Proposal for a regulation Article 20 – paragraph 2 – subparagraph 1 Those logs shall be protected by appropriate measures against unauthorised access and erased
Amendment 477 #
Proposal for a regulation Article 20 – paragraph 2 – subparagraph 1 Those logs shall be protected by appropriate measures against unauthorised access and erased
Amendment 478 #
Proposal for a regulation Article 20 – paragraph 3 a (new) 3 a. Logs or documentation as referred to in this article shall be retained for the period as foreseen in art. 40 Europol Regulation and art. 25 Law Enforcement Directive. (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 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, and repealing Council Framework Decision 2008/977/JHA)
Amendment 483 #
Proposal for a regulation Chapter 2 – Section 4 – title 4 Facial images of persons convicted of or reasonably suspected of a serious criminal offence
Amendment 484 #
Proposal for a regulation Article 21 Amendment 485 #
Proposal for a regulation Article 21 Amendment 486 #
Proposal for a regulation Article 21 – paragraph 1 – introductory part 1. Member States shall ensure the availability of high quality facial images on individuals suspected or convicted of a serious criminal offence from their
Amendment 487 #
Proposal for a regulation Article 21 – paragraph 1 – introductory part 1. Member States shall ensure the availability of facial images of suspects and persons convicted of a serious criminal offence collected in accordance with their national law from their national databases established for the prevention, detection and investigation of criminal offences. Those data shall only include facial images and the reference number referred to in Article 23, and shall indicate whether the facial images are attributed to an individual or not.
Amendment 488 #
Proposal for a regulation Article 21 – paragraph 1 – introductory part 1. Member States shall ensure the availability of facial images from their national databases established for the prevention, detection and investigation of serious criminal offences. Those data shall only include facial images
Amendment 489 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 1 Member States shall not make available in this context any additional data from which an individual can be directly identified.
Amendment 490 #
Proposal for a regulation Article 21 – paragraph 1 a (new) 1 a. Member States shall not use the exchange of facial images under this Regulation for any remote biometric identification in publicly accessible spaces or for any other purposes than those relating to the prevention, detection and investigation of serious criminal offences.
Amendment 491 #
Proposal for a regulation Article 21 – paragraph 1 b (new) 1 b. Member States shall not use the exchange of facial images under this Regulation for practices of profiling as defined in Article 4 of Regulation (EU) 2016/679.
Amendment 492 #
Proposal for a regulation Article 21 – paragraph 2 Amendment 493 #
Proposal for a regulation Article 22 A
Amendment 494 #
Proposal for a regulation Article 22 A
Amendment 496 #
1. For the prevention, detection and investigation of serious criminal offences, Member States
Amendment 497 #
Proposal for a regulation Article 22 – paragraph 1 – introductory part 1. For the prevention, detection and investigation of criminal offences, Member States shall allow national contact points of other Member States and Europol access to facial images stored in their national databases for the purpose of prevention, detection and investigation of serious criminal offences, to conduct automated searches.
Amendment 498 #
Proposal for a regulation Article 22 – paragraph 1 – introductory part 1. For the prevention, detection and
Amendment 499 #
Proposal for a regulation Article 22 – paragraph 1 – subparagraph 1 Searches
Amendment 500 #
Proposal for a regulation Article 22 – paragraph 1 a (new) 1 a. On receiving the request for a search of facial images, each requested Member State shall launch a query of the facial image data in their database in an automated manner and without delay. If there is no match, the requesting Member State shall be notified about it in an automated manner.
Amendment 501 #
Proposal for a regulation Article 22 – paragraph 1 b (new) 1 b. Any matches resulting from the query in each Member State’s database shall be manually reviewed by the requested Member State. If a match or matches is confirmed, the requested Member State shall invite the requesting Member State to send a reasoned follow- up request containing any additional relevant information to the requested Member State(s).
Amendment 502 #
Proposal for a regulation Article 22 – paragraph 2 2.
Amendment 503 #
Proposal for a regulation Article 22 – paragraph 2 2. The request
Amendment 504 #
Proposal for a regulation Article 22 – paragraph 2 2. The requesting Member State shall receive a list composed of matches
Amendment 505 #
Proposal for a regulation Article 22 – paragraph 2 2. The requesting Member State shall receive a list composed of matches concerning likely candidates. That Member State shall manually conduct a review of the list by qualified staff to determine the existence of a confirmed match.
Amendment 506 #
Proposal for a regulation Article 22 – paragraph 3 3. A minimum quality standard shall be established to allow for search and comparison of facial images. The Commission shall adopt
Amendment 507 #
Proposal for a regulation Article 23 Amendment 508 #
Proposal for a regulation Article 23 Amendment 509 #
Proposal for a regulation Article 23 a (new) Amendment 510 #
Proposal for a regulation Article 24 Amendment 511 #
Proposal for a regulation Article 24 Amendment 512 #
Proposal for a regulation Article 24 – paragraph 1 – introductory part 1. A request for a
Amendment 513 #
Proposal for a regulation Article 24 – paragraph 2 – point f Amendment 517 #
Proposal for a regulation Chapter 2 – Section 5 – title 5 Police records of persons convicted of or reasonably suspected of a serious criminal offence
Amendment 518 #
Proposal for a regulation Article 25 Amendment 519 #
Proposal for a regulation Article 25 – paragraph 1 – introductory part 1. Member States may decide to participate in the automated exchange of police records. Member States participating in the automated exchange of police records shall ensure the availability of biographical data of suspects and
Amendment 520 #
Proposal for a regulation Article 25 – paragraph 1 – introductory part 1. Member States may decide to participate in the
Amendment 521 #
Proposal for a regulation Article 25 – paragraph 1 – introductory part 1. Member States may decide, in accordance with their national law, to participate in the automated exchange of police records. Member States participating in the automated exchange of police records shall ensure the availability of biographical data of suspects and criminals from their national police records indexes established for the investigation of criminal offences. This set of data, if available, shall contain the following data:
Amendment 522 #
Proposal for a regulation Article 25 – paragraph 1 – introductory part 1. Member States may decide to
Amendment 523 #
Proposal for a regulation Article 25 – paragraph 1 – point c (c) alias(es) and previously used name(s);
Amendment 524 #
Proposal for a regulation Article 25 – paragraph 1 – point g a (new) (g a) whether the personal data are based on facts or personal assessments, in line with Article 7 of the Law Enforcement Directive.
Amendment 525 #
Proposal for a regulation Article 25 – paragraph 1 a (new) 1 a. Member States shall also provide, as far as possible, any information on the quality and reliability of information to support the establishment of the list of matches as referred to in Article 26, paragraph 2.
Amendment 526 #
Proposal for a regulation Article 25 – paragraph 2 a (new) 2 a. In accordance with Article 7 of Directive (EU) 2016/680,Member States shall ensure that personal data included in their national police records indexes are based on facts to be distinguished, as far as possible, from personal data based on personal assessments.
Amendment 527 #
Proposal for a regulation Article 26 A
Amendment 528 #
Proposal for a regulation Article 26 – title Amendment 529 #
Proposal for a regulation Article 26 – paragraph 1 – introductory part 1. For the investigation of serious criminal offences, Member States shall allow national contact points of other Member States and Europol access to data from their national police records indexes of persons convicted of or reasonably suspected of a serious criminal offence, to conduct
Amendment 530 #
Proposal for a regulation Article 26 – paragraph 1 – introductory part 1. For the investigation of criminal offences, Member States
Amendment 530 #
Proposal for a regulation Article 26 – paragraph 1 – introductory part 1. For the prevention, detection and investigation of serious criminal offences, Member States shall allow national contact points of other Member States and Europol access to data from their national police records indexes, to conduct automated searches.
Amendment 531 #
Proposal for a regulation Article 26 – paragraph 1 – introductory part 1. For the investigation of serious criminal offences, Member States shall allow national contact points of other Member States and Europol
Amendment 532 #
Proposal for a regulation Article 26 – paragraph 1 – subparagraph 1 Searches
Amendment 533 #
Proposal for a regulation Article 26 – paragraph 2 – introductory part 2.
Amendment 534 #
Proposal for a regulation Article 26 – paragraph 2 – introductory part 2.
Amendment 535 #
Proposal for a regulation Article 26 – paragraph 2 – introductory part 2. The requesting Member State shall receive the list of matches, after human verification, with an indication of the quality of the matches.
Amendment 536 #
Proposal for a regulation Article 26 – paragraph 2 – subparagraph 1 The requesting Member State shall also be informed about
Amendment 537 #
Proposal for a regulation Article 26 – paragraph 2 a (new) 2a. The requested Member State(s) shall process such requests without delay to decide whether to share the data stored in their database. Upon confirmation, the requested Member State(s) shall share the list of matches with an indication of the quality of the matches.
Amendment 538 #
Proposal for a regulation Article 26 – paragraph 2 b (new) 2b. The requested Member State may refuse to supply the list of matches to the requesting Member State if the requested Member State has concerns regarding the legitimacy of the request.
Amendment 539 #
Proposal for a regulation Article 27 Amendment 540 #
Proposal for a regulation Article 28 Amendment 541 #
Proposal for a regulation Article 28 – paragraph 1 – introductory part 1. A request for a
Amendment 542 #
Proposal for a regulation Article 29 – paragraph 2 The national contact points shall be responsible for supplying the data referred to in Articles 6, 7, 13, 18,
Amendment 543 #
Proposal for a regulation Article 29 – paragraph 2 – subparagraph 1 (new) Each Member shall ensure that its national contact point is provided with adequate human, technical and financial resources to carry out its tasks pursuant to this Regulation.
Amendment 544 #
Proposal for a regulation Article 30 – paragraph 1 The Commission shall adopt
Amendment 545 #
Proposal for a regulation Article 30 – paragraph 1 The Commission shall adopt implementing acts to specify the technical arrangements for the procedures set out in Articles 6, 7, 13, 18,
Amendment 546 #
Proposal for a regulation Article 31 – paragraph 1 Member States
Amendment 547 #
Proposal for a regulation Article 31 – paragraph 1 Member States and Europol shall observe common technical specifications in connection with all requests and answers related to searches and comparisons of DNA profiles, dactyloscopic data, certain vehicle registration data, facial images and police records. The Commission shall adopt implementing acts to specify these technical specifications in accordance with the procedure referred to in Article 76(2).
Amendment 548 #
Proposal for a regulation Article 31 – paragraph 1 Member States and Europol shall observe common technical specifications in connection with all requests and answers related to searches and comparisons of DNA profiles, dactyloscopic data, vehicle registration data
Amendment 549 #
Proposal for a regulation Article 31 – paragraph 1 Member States and Europol shall observe common technical specifications in connection with all requests and answers related to searches and comparisons of DNA profiles, dactyloscopic data, vehicle registration data
Amendment 550 #
Proposal for a regulation Article 31 – paragraph 1 Member States and Europol shall observe common technical specifications in connection with all requests and answers related to searches and comparisons of DNA profiles, dactyloscopic data, vehicle registration data
Amendment 551 #
Proposal for a regulation Article 31 – paragraph 1 a (new) eu-Lisa, when developing the communication infrastructure between the Prüm framework and the interoperability architecture, shall take into account that the shared Biometric Matching Service (sBMS) does not store DNA profiles.
Amendment 552 #
Proposal for a regulation Article 31 – paragraph 1 b (new) Appropriate measures shall be developed and implemented to ensure the highest standards of performance of the biometric matching algorithm of sBMS when matching facial images taken under different conditions as they may differ in format and quality. Following the adoption of this Regulation, the Commission shall adopt those measures by means of a delegated act.
Amendment 553 #
Proposal for a regulation Article 32 – title Availability of automated
Amendment 554 #
Proposal for a regulation Article 32 – title Availability of
Amendment 555 #
Proposal for a regulation Article 32 – paragraph 1 1. Member States shall take all necessary measures to ensure that automated searching or comparison of DNA profiles, dactyloscopic data, certain vehicle registration data, facial images and police records is possible 24 hours a day and seven days a week.
Amendment 556 #
Proposal for a regulation Article 32 – paragraph 1 1. Member States shall take all necessary measures to ensure that automated searching or comparison of DNA profiles, dactyloscopic data, vehicle registration data
Amendment 557 #
Proposal for a regulation Article 32 – paragraph 1 1. Member States shall take all necessary measures to ensure that automated searching or comparison of DNA profiles, dactyloscopic data, and vehicle registration data
Amendment 558 #
Proposal for a regulation Article 32 – paragraph 1 1. Member States shall take all necessary measures to ensure that automated searching or comparison of DNA profiles, dactyloscopic data, and vehicle registration data
Amendment 559 #
Proposal for a regulation Article 32 – paragraph 1 1. Member States shall take all necessary measures to ensure that
Amendment 560 #
Proposal for a regulation Article 32 – paragraph 1 1. Member States shall take all necessary measures to ensure that automated searching or comparison of DNA profiles, dactyloscopic data, vehicle registration data
Amendment 561 #
Proposal for a regulation Article 32 – paragraph 2 – introductory part 2. National contact points shall immediately inform each other
Amendment 562 #
Proposal for a regulation Article 32 – paragraph 2 – introductory part 2. National contact points shall immediately inform each other, the Commission, Europol and eu-LISA of the technical fault causing unavailability of the automated
Amendment 563 #
Proposal for a regulation Article 32 – paragraph 2 – introductory part 2. National contact points shall immediately inform each other, the Commission, Europol and eu-LISA of the technical fault causing unavailability of the
Amendment 564 #
Proposal for a regulation Article 32 – paragraph 2 – subparagraph 1 Amendment 565 #
Proposal for a regulation Article 32 – paragraph 3 Amendment 566 #
Proposal for a regulation Article 32 – paragraph 3 3. National contact points shall re- establish the automated
Amendment 567 #
Proposal for a regulation Article 33 – paragraph 1 – subparagraph 1 Amendment 568 #
Proposal for a regulation Article 33 – paragraph 2 – point a (a) the purpose of the query, including a reference to the specific case or investigation, and information about the specific criminal offence;
Amendment 569 #
Proposal for a regulation Article 33 – paragraph 2 – point a (a) the purpose of the query, including a
Amendment 570 #
Proposal for a regulation Article 33 – paragraph 2 – point a a (new) (aa) a statement of the measures taken to ensure respect for fundamental rights, including the right to non-discrimination, prior to the sending of the query;
Amendment 571 #
Proposal for a regulation Article 33 – paragraph 2 – point b (b) an indication on whether the query concerns a suspect
Amendment 572 #
Proposal for a regulation Article 33 – paragraph 2 – point b (b) an indication on whether the query concerns a suspect or a per
Amendment 573 #
Proposal for a regulation Article 33 – paragraph 2 – point b (b) an indication on whether the query concerns a
Amendment 574 #
Proposal for a regulation Article 33 – paragraph 2 – point b (b) an indication on whether the query concerns a suspect or a per
Amendment 575 #
Proposal for a regulation Article 33 – paragraph 2 – point b a (new) (ba) the nature of the criminal offence, where applicable;
Amendment 576 #
Proposal for a regulation Article 33 – paragraph 3 – introductory part 3. The justifications referred to in paragraph 2 shall
Amendment 577 #
Proposal for a regulation Article 33 – paragraph 3 – introductory part 3. The justifications referred to in paragraph 2 shall only be used for data protection and fundamental rights monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security and integrity.
Amendment 578 #
Proposal for a regulation Article 33 – paragraph 3 – subparagraph 1 Those justifications shall be protected by appropriate measures against unauthorised access and erased
Amendment 579 #
Proposal for a regulation Article 33 – paragraph 3 – subparagraph 1 Those justifications shall be protected by appropriate measures against unauthorised access and erased
Amendment 580 #
Proposal for a regulation Article 33 – paragraph 4 4. For the purposes of data protection and fundamental rights monitoring, including checking the admissibility of a query and the lawfulness of data processing, the data controllers shall have unrestricted access to those justifications for self-monitoring as referred to in Article 56.
Amendment 581 #
Proposal for a regulation Article 33 – paragraph 4 a (new) 4a. For the purposes of fundamental rights monitoring and audit under Article 56, the relevant human rights office or officer designated under national law to supervise fundamental rights compliance of policing services shall have access to those justifications. If no human rights office or human rights officer is designated under national law to supervise the fundamental rights compliance of policing services in a Member State, the Member State shall designate a senior officer within its policing service to perform the role of fundamental rights monitor under this Regulation.
Amendment 582 #
Proposal for a regulation Article 34 – paragraph 1 1. The universal message format (UMF) standard shall be used in the development of the router referred to in Article 35
Amendment 583 #
Proposal for a regulation Article 34 – paragraph 2 2. Any
Amendment 584 #
Proposal for a regulation Article 35 – paragraph 1 1. A router is established for the purposes of facilitating the establishment of connections between Member States
Amendment 585 #
Proposal for a regulation Article 35 – paragraph 2 – point a (a) a central infrastructure, including a search tool enabling the simultaneous querying of Member States’ databases referred to in Articles 5, 12 and 21
Amendment 586 #
Proposal for a regulation Article 36 – paragraph 1 The use of the router shall be reserved to the specific individuals within Member States’ designated authorities
Amendment 587 #
Proposal for a regulation Article 36 – paragraph 1 The use of the router shall be reserved to the specific individuals within Member States’ designated authorities
Amendment 588 #
Proposal for a regulation Article 36 – paragraph 1 The use of the router shall be reserved to the Member States’ authorities that have a demonstrable need for access to the exchange of DNA profiles
Amendment 589 #
Proposal for a regulation Article 36 – paragraph 1 The use of the router shall be reserved only to the specific individuals within the Member States’ designated authorities
Amendment 590 #
Proposal for a regulation Article 36 – paragraph 1 The use of the router shall be reserved to the Member States’ authorities that have access to the exchange of DNA profiles
Amendment 591 #
Proposal for a regulation Article 36 – paragraph 1 a (new) 1a. Access to the router for all Member States should be conditioned on a full, independent, ex ante data protection impact assessment, as referred to in Article 27 of Directive 2016/680, which should, at minimum, verify that data in their databases has or have been stored in accordance with the law, in particular, the requirements of ‘strict necessity’ and proportionality under Directive (EU) 2016/680 of the European Parliament and the Council, which postdates Council Decisions 2008/615/JHA and 2008/616/JHA and verify that officials are following the correct rules and procedures for data storage and processing;.
Amendment 592 #
Proposal for a regulation Article 37 – paragraph 1 1. The router users referred to in Article 36 shall request a query by submitting biometric data to the router. The router shall dispatch the request for a query to the Member States’ databases
Amendment 593 #
Proposal for a regulation Article 37 – paragraph 1 1. The router users referred to in Article 36 shall request a query by submitting biometric data to the router. The router shall dispatch the request for a query to the Member States’ databases
Amendment 594 #
Proposal for a regulation Article 37 – paragraph 2 2. On receiving the request for a query from the router, each requested Member State
Amendment 595 #
Proposal for a regulation Article 37 – paragraph 2 2. On receiving the request for a query from the router, each requested Member State
Amendment 596 #
Proposal for a regulation Article 37 – paragraph 2 2. On receiving the request for a query from the router, each requested Member State and Europol shall launch a query of their databases in a
Amendment 597 #
Proposal for a regulation Article 37 – paragraph 3 3. Any matches resulting from the query in each Member States’ databases
Amendment 598 #
Proposal for a regulation Article 37 – paragraph 3 3. Any matches resulting from
Amendment 599 #
Proposal for a regulation Article 37 – paragraph 3 3. Any matches resulting from the query in each Member States’ databases
Amendment 600 #
Proposal for a regulation Article 37 – paragraph 3 3. Any matches resulting from the query in each Member State
Amendment 601 #
Proposal for a regulation Article 37 – paragraph 3 a (new) 3a. Any matches resulting from a query regarding DNA or dactylocopic data in each Member States’ databases shall be handled according to the procedure set out in Articles 6 and 13, as applicable.
Amendment 602 #
Proposal for a regulation Article 37 – paragraph 4 4. The router shall rank the replies in accordance with the score of the correspondence between the biometric data used for querying and the biometric data stored in the Member States’ databases and Europol data. The ranking process and technology shall be independently verified by, respectively, the European Data Protection Board and the European Data Protection Supervisor to ensure that the thresholds are sufficiently high to ensure accuracy, reasonably minimise the risk of misidentification and prevent discrimination.
Amendment 603 #
Proposal for a regulation Article 37 – paragraph 4 4. The router shall rank the replies in accordance with the score of the correspondence between the biometric data used for querying and the biometric data stored in the Member States’ databases
Amendment 604 #
Proposal for a regulation Article 37 – paragraph 4 4. The router shall rank the replies in accordance with the score of the correspondence between the biometric data used for querying and the biometric data stored in the Member States’ databases
Amendment 605 #
Proposal for a regulation Article 37 – paragraph 4 a (new) 4a. EU-LISA shall make publicly available information about the supplier of the ranking technology, and about the technology as such.
Amendment 606 #
Proposal for a regulation Article 37 – paragraph 4 a (new) Amendment 607 #
Proposal for a regulation Article 37 – paragraph 4 a (new) 4a. EU-LISA shall make publicly available the supplier of the ranking technology.
Amendment 608 #
Proposal for a regulation Article 37 – paragraph 5 5. The list of matching biometric data and their scores shall be returned to the router user by the router, and shall be limited to a maximum number of candidates that can be returned per search in order to ensure accuracy, reasonably minimise the risk of misidentification and prevent discrimination. The European Data Protection Board shall verify the number of candidates.
Amendment 609 #
Proposal for a regulation Article 37 – paragraph 6 6. The Commission shall adopt
Amendment 610 #
Proposal for a regulation Article 37 – paragraph 6 6. The Commission shall adopt implementing acts to specify the technical procedure for the router to query Member States’ databases
Amendment 611 #
Proposal for a regulation Article 37 – paragraph 6 6. The Commission shall adopt implementing acts to specify the technical procedure for the router to query Member States’ databases and Europol data, the format of the router replies and the technical rules for scoring the correspondence between biometric data. These implementing acts shall ensure that the thresholds are sufficiently high to ensure accuracy, reasonably minimise the risk of misidentification and prevent discrimination and shall be adopted in accordance with the procedure referred to in Article 76(2).
Amendment 612 #
Proposal for a regulation Article 38 – paragraph 1 The requested Member State shall check the quality of the transmitted data
Amendment 613 #
Proposal for a regulation Article 38 – paragraph 1 The requested Member State shall check the quality of the transmitted data by means of a
Amendment 614 #
Proposal for a regulation Article 38 – paragraph 1 The requested Member State shall check the quality of the transmitted data by means of a
Amendment 615 #
Proposal for a regulation Article 38 – paragraph 1 a (new) 1a. All individuals granted access to the databases shall have undergone training in procedures to be used for comprehensive and accurate review of matches under each data category referred to in this Regulation before being given access to the databases.
Amendment 616 #
Proposal for a regulation Article 38 – paragraph 2 Amendment 617 #
Proposal for a regulation Article 38 – paragraph 2 Amendment 618 #
Proposal for a regulation Article 38 – paragraph 2 Should the data be unsuitable for an
Amendment 619 #
Proposal for a regulation Article 39 – paragraph 1 1. The router users referred to in Article 36 may launch a query to Member States’ databases
Amendment 620 #
Proposal for a regulation Article 39 – paragraph 1 1. The router users referred to in Article 36 may launch a query to Member States’ databases and Europol data simultaneously with a query to the Common Identity Repository
Amendment 621 #
Proposal for a regulation Article 39 – paragraph 1 1. The router users referred to in Article 36 may launch a query to Member States’ databases
Amendment 622 #
Proposal for a regulation Article 39 – paragraph 2 – subparagraph 2 Simultaneous queries of the Member States’ databases and Europol data and the Common Identity Repository may only be launched in cases where it is likely that data on a
Amendment 623 #
Proposal for a regulation Article 39 – paragraph 2 – subparagraph 2 Simultaneous queries of the Member States’ databases and Europol data and the Common Identity Repository may only be launched in cases where
Amendment 624 #
Proposal for a regulation Article 39 – paragraph 2 – subparagraph 2 Simultaneous queries of the Member States’ databases and Europol data and the Common Identity Repository may only be launched in cases where
Amendment 625 #
Proposal for a regulation Article 40 – title Keeping of logs of all data processing operations in the router
Amendment 626 #
Proposal for a regulation Article 40 – paragraph 1 Amendment 627 #
Proposal for a regulation Article 40 – paragraph 1 – point d (d) the national databases
Amendment 628 #
Proposal for a regulation Article 40 – paragraph 1 – point e (e) the national databases
Amendment 629 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 1 Amendment 630 #
Proposal for a regulation Article 40 – paragraph 3 – introductory part 3. The logs referred to in paragraph
Amendment 631 #
Proposal for a regulation Article 40 – paragraph 3 – subparagraph 1 Those logs shall be protected by appropriate measures against unauthorised access and erased
Amendment 632 #
Proposal for a regulation Article 40 – paragraph 3 – subparagraph 1 Those logs shall be protected by appropriate measures against unauthorised access and erased
Amendment 633 #
Proposal for a regulation Article 40 – paragraph 3 – subparagraph 1 Those logs shall be protected by appropriate measures against unauthorised access and erased
Amendment 634 #
Proposal for a regulation Article 40 – paragraph 3 – subparagraph 1 Those logs shall be protected by appropriate measures against unauthorised
Amendment 635 #
Proposal for a regulation Article 40 – paragraph 4 a (new) 4a. When requested, and for the purposes of data protection monitoring, as well as for monitoring of compliance with relevant national and Union law, in accordance with Article 25 of the Law Enforcement Directive 680/2016 (LED), the controller and the processor shall make the logs available to the supervisory authority.
Amendment 636 #
Proposal for a regulation Article 41 – paragraph 1 1. Where it is technically impossible to use the router to query one or several national databases
Amendment 637 #
Proposal for a regulation Article 41 – paragraph 2 2. Where it is technically impossible to use the router to query one or several national databases or Europol data because of a failure of the national infrastructure in a Member State, that Member State shall notify the other Member States, Europol, eu-LISA and the Commission in an automated manner. Member States shall take measures to address the technical impossibility to use the router without delay.
Amendment 638 #
Proposal for a regulation Article 41 – paragraph 2 2. Where it is technically impossible to use the router to query one or several national databases or Europol data because of a failure of the national infrastructure in a Member State, that Member State shall notify the other Member States
Amendment 639 #
Proposal for a regulation Article 41 – paragraph 2 2. Where it is technically impossible to use the router to query one or several national databases
Amendment 640 #
Proposal for a regulation Article 41 – paragraph 3 Amendment 641 #
Proposal for a regulation Article 41 – paragraph 3 3. Where it is technically impossible to use the router to query one or several national databases or Europol data because of a failure of the infrastructure of Europol, Europol shall notify the Member States
Amendment 645 #
Proposal for a regulation Article 42 Amendment 646 #
Proposal for a regulation Article 42 – paragraph 1 1. For the
Amendment 647 #
Proposal for a regulation Article 42 – paragraph 2 – point a (a) a central infrastructure, including a search tool enabling the simultaneous querying of Member States’ databases
Amendment 648 #
Proposal for a regulation Article 43 Amendment 649 #
Proposal for a regulation Article 43 – paragraph 2 – point a (a) alias(es) and previously used name(s);
Amendment 650 #
Proposal for a regulation Article 44 Amendment 651 #
Proposal for a regulation Article 44 – paragraph 1 – introductory part 1. Member States
Amendment 652 #
Proposal for a regulation Article 44 – paragraph 2 2. On receiving the request for a query from EPRIS, each requested Member State shall launch a query of their national police records index
Amendment 653 #
Proposal for a regulation Article 44 – paragraph 3 3. Any matches resulting from the query in each Member State’s database shall be
Amendment 654 #
Proposal for a regulation Article 44 – paragraph 3 3. Any matches resulting from the query in each Member State’s database shall
Amendment 655 #
Proposal for a regulation Article 44 – paragraph 4 4. The
Amendment 656 #
Proposal for a regulation Article 44 – paragraph 4 a (new) 4a. The requested Member State may refuse to share the list of matches if they determine that it disproportionately infringes on the rights and freedoms of the data subject or if they determine it to be prejudicial to an ongoing investigation. The justification for such refusals must be provided promptly to the requesting Member State.
Amendment 657 #
Proposal for a regulation Article 44 – paragraph 5 5. Upon reception of the list of matches, the requesting Member State shall decide the matches for which a follow-up is necessary and send a reasoned follow-up request containing any additional relevant information to the requested Member State(s)
Amendment 658 #
Proposal for a regulation Article 44 – paragraph 6 – introductory part 6. The requested Member State(s) shall process such requests
Amendment 659 #
Proposal for a regulation Article 44 – paragraph 6 – subparagraph 1 Upon confirmation, the requested Member State(s) shall share the data referred to in Article 43 where available.
Amendment 660 #
Proposal for a regulation Article 44 – paragraph 7 7. The Commission shall adopt
Amendment 661 #
Proposal for a regulation Article 45 – title Keeping of logs of all data processing operations in EPRIS
Amendment 662 #
Proposal for a regulation Article 45 – paragraph 1 Amendment 663 #
Proposal for a regulation Article 45 – paragraph 1 – point a (a) the Member State or
Amendment 664 #
Proposal for a regulation Article 45 – paragraph 3 – subparagraph 1 Those logs shall be protected by appropriate measures against unauthorised access and erased
Amendment 665 #
Proposal for a regulation Article 45 – paragraph 3 – subparagraph 1 Those logs shall be protected by appropriate measures against unauthorised access and erased
Amendment 666 #
Proposal for a regulation Article 46 Amendment 667 #
Proposal for a regulation Article 46 – paragraph 1 1. Where it is technically impossible to use EPRIS to query one or several national databases because of a failure of
Amendment 668 #
Proposal for a regulation Article 46 – paragraph 2 2. Where it is technically impossible to use EPRIS to query one or several national databases because of a failure of the national infrastructure in a Member State, that Member State shall notify Europol and the Commission in an automated manner. Member States shall take measures to address the technical impossibility to use EPRIS
Amendment 669 #
Proposal for a regulation Article 46 – paragraph 2 2. Where it is technically impossible to use EPRIS to query one or several national databases because of a failure of the national infrastructure in a Member State, that Member State shall notify Europol
Amendment 670 #
Proposal for a regulation Article 47 – paragraph 1 – introductory part Where the procedures referred to in Articles 6, 7, 13 or 22 show a match between the data used for the search or comparison and data held in the database of the requested Member State(s), and upon confirmation of this match by the requesting Member State, the request
Amendment 671 #
Proposal for a regulation Article 47 – paragraph 1 – introductory part Where the procedures referred to in Articles 6, 7, 13 or 22 show a match between the data used for the search or comparison and data held in the database of the requested Member State(s), and upon confirmation of this match by the requesting Member State, the requested Member State shall return a set of core data via the router within 24 hours or 72 hours if a judicial authorisation is required under national law. That set of core data, if available, shall contain the following data:
Amendment 672 #
Proposal for a regulation Article 47 – paragraph 1 – introductory part Where, following the procedures referred to in Articles 6,
Amendment 673 #
Proposal for a regulation Article 47 – paragraph 1 – introductory part Where the procedures referred to in Articles 6, 7
Amendment 674 #
Proposal for a regulation Article 47 – paragraph 1 – subparagraph 1 (new) The requested Member State shall return a set of core data via the router within 72 hours, except in the circumstances referred to in Article 47(3) of this Regulation;
Amendment 675 #
Proposal for a regulation Article 47 – paragraph 1 a (new) The requested Member States may refuse to share the core data if they determine that it disproportionately infringes on the rights and freedoms of the data subject or if they determine it to be prejudicial to an ongoing investigation. The justification for such refusals must be provided promptly to the requesting Member State;
Amendment 676 #
Proposal for a regulation Article 48 A
Amendment 677 #
Proposal for a regulation Article 48 – paragraph 1 Any exchange which is not explicitly provided for in this Regulation between Member States’ competent authorities
Amendment 678 #
Proposal for a regulation Article 49 A
Amendment 679 #
Proposal for a regulation Article 49 A
Amendment 680 #
Proposal for a regulation Article 49 A
Amendment 681 #
Proposal for a regulation Article 49 – paragraph 1 1. Member States shall, in accordance with Regulation (EU) 2016/794, have access to, and be able to search via the router, biometric data concerning a person convicted of or reasonably suspected of a serious criminal offence, which has been provided to Europol by third countries for the purposes of Article 18(2), points (a)
Amendment 682 #
Proposal for a regulation Article 49 – paragraph 1 1. Member States shall, in accordance with Regulation (EU) 2016/794, and without prejudice to the provisions in regards to the obligations of compliance with the conditions under which third countries have shared personal data with Europol, have access to, and be able to search via the router, biometric data which has been provided to Europol by third countries for the purposes of Article 18(2), points (a), (b) and (c), of Regulation (EU) 2016/794
Amendment 683 #
Proposal for a regulation Article 50 A
Amendment 684 #
Proposal for a regulation Article 50 Amendment 685 #
Proposal for a regulation Article 50 – title Access by Europol to data of persons convicted of or reasonably suspected of a serious criminal offence stored in Member States’ databases
Amendment 686 #
Proposal for a regulation Article 50 – title Amendment 687 #
Proposal for a regulation Article 50 – paragraph 1 1. Europol
Amendment 688 #
Proposal for a regulation Article 50 – paragraph 1 1. Europol shall, in accordance with Regulation (EU) 2016/794, have access to data, which are stored by Member States in their national databases in accordance with this Regulation in a way that specifies the data subject categories subject to each query.
Amendment 689 #
Proposal for a regulation Article 50 – paragraph 1 1. Europol shall, in accordance with Regulation (EU) 2016/794,
Amendment 690 #
Proposal for a regulation Article 50 – paragraph 2 Amendment 691 #
Proposal for a regulation Article 50 – paragraph 3 3. Europol queries performed with specific vehicle registration data as a search criterion shall be carried out using Eucaris.
Amendment 692 #
Proposal for a regulation Article 50 – paragraph 4 Amendment 693 #
Proposal for a regulation Article 50 – paragraph 4 4. Europol queries performed with police records of persons convicted of or reasonably suspected of a serious criminal offence as a search criterion shall be carried out using EPRIS.
Amendment 694 #
Proposal for a regulation Article 50 – paragraph 5 5. Europol shall carry out the searches in accordance with paragraph 1 only when carrying out its tasks referred to in points (d), (e), (h), (k), (q), (r), (s), (t) of Article 4 of Regulation (EU) 2016/794.
Amendment 695 #
Proposal for a regulation Article 50 – paragraph 5 5. Europol shall carry out the searches in accordance with paragraph 1 only when carrying out its tasks referred to in Regulation (EU) 2016/794 and for purposes of investigation serious criminal offences.
Amendment 696 #
Proposal for a regulation Article 50 – paragraph 6 – introductory part 6. Where the procedures referred to in Articles 6, 7
Amendment 697 #
Proposal for a regulation Article 50 – paragraph 6 – introductory part 6. Where the procedures referred to in Articles 6, 7, 13 or 22 show a match between the data used for the search or comparison and data held in the national database of the requested Member State(s), and upon confirmation of that match by Europol, the requested Member State shall decide whether to return a set of core data via the router within 24 hours or within 72 hours if a judicial authorisation is required under national law. That set of core data, if available, shall contain the following data:
Amendment 698 #
Proposal for a regulation Article 50 – paragraph 6 – introductory part 6. Where, following the procedures referred to in Articles 6,
Amendment 699 #
Proposal for a regulation Article 50 – paragraph 6 – introductory part 6. Where the procedures referred to in Articles 6, 7, 13 or 22 show a match between the data used for the search or comparison and data held in the national database of the requested Member State(s), and upon confirmation of that match by Europol, the requested Member State shall decide whether to return a set of core data via the router within
Amendment 700 #
Proposal for a regulation Article 51 – paragraph 1 1. Processing of personal data by the requesting Member State or Europol shall be permitted solely for the purposes for which the data have been supplied by the requested Member State in accordance with this Regulation.
Amendment 701 #
Proposal for a regulation Article 51 – paragraph 1 1. Processing of personal data by the requesting Member State or Europol shall be permitted solely for the purposes for which the data have been supplied by the requested Member State in accordance with this Regulation. Processing for other purposes shall be permitted solely with the prior authorisation of the requested Member State without prejudice to Directive (EU) 2016/680.
Amendment 702 #
Proposal for a regulation Article 51 – paragraph 1 1. Processing of personal data by the requesting Member State or Europol shall be permitted solely for the purposes for which the data have been supplied by the requested Member State in accordance with this Regulation. Processing for other purposes shall be p
Amendment 703 #
Proposal for a regulation Article 51 – paragraph 1 1. Processing of personal data by the requesting Member State
Amendment 704 #
Proposal for a regulation Article 51 – paragraph 2 – introductory part 2. Processing of data supplied pursuant to Articles 6, 7, 13, 18, 22 or 2
Amendment 705 #
Proposal for a regulation Article 51 – paragraph 2 – introductory part 2. Processing of data supplied pursuant to Articles 6,
Amendment 706 #
Proposal for a regulation Article 51 – paragraph 2 – point a (a) establish whether the compared DNA profiles, dactyloscopic data, certain vehicle registration data, facial images and police records match;
Amendment 707 #
Proposal for a regulation Article 51 – paragraph 2 – point a (a) establish whether the compared DNA profiles, dactyloscopic data, and vehicle registration data
Amendment 708 #
Proposal for a regulation Article 51 – paragraph 2 – point a (a) establish whether the compared
Amendment 709 #
Proposal for a regulation Article 51 – paragraph 2 – point a (a) establish whether the compared DNA profiles, dactyloscopic data, vehicle registration data
Amendment 710 #
Proposal for a regulation Article 51 – paragraph 2 – point a a (new) (aa) exchange a set of core data in accordance with Article 47;
Amendment 711 #
Proposal for a regulation Article 51 – paragraph 2 – point b (b) prepare and submit a police request
Amendment 712 #
Proposal for a regulation Article 51 – paragraph 2 – point c (c) logging within the meaning of Articles 20, 40 and 45.
Amendment 713 #
Proposal for a regulation Article 51 – paragraph 3 3. The requesting Member State may process the data supplied to it in accordance with Articles 6
Amendment 714 #
Proposal for a regulation Article 51 – paragraph 3 3. The requesting Member State may process the data supplied to it in accordance with Articles 6, 7, 13, 22 or 2
Amendment 715 #
Proposal for a regulation Article 51 – paragraph 3 3. The requesting Member State may process the data supplied to it in accordance with Articles 6, 7, 13 or 22 solely where this is strictly necessary for the purposes of this Regulation. The supplied data shall be deleted immediately following data comparison or
Amendment 716 #
Proposal for a regulation Article 51 – paragraph 3 3. The requesting Member State may process the data supplied to it in accordance with Articles 6, 7,
Amendment 717 #
Proposal for a regulation Article 51 – paragraph 4 4. Data supplied in accordance with Article 18 may be used by the requesting Member State solely where this is strictly necessary for the purposes of this Regulation and proportionate to the goal to be achieved. The data supplied shall be deleted immediately following automated replies to searches unless further processing is necessary for recording pursuant to Article 20. The requesting Member State shall use the data received in a reply solely for the procedure for which the search was made.
Amendment 718 #
Proposal for a regulation Article 51 – paragraph 4 4. Data supplied in accordance with Article 18 may be used by the requesting Member State solely where this is strictly necessary for the purposes of this Regulation. The data supplied shall be deleted immediately following automated replies to searches unless further processing is necessary for recording pursuant to Article 20. The requesting Member State shall use the data received in a reply solely for the procedure for which the search was made.
Amendment 719 #
Proposal for a regulation Article 51 – paragraph 4 a (new) Amendment 720 #
Proposal for a regulation Article 51 – paragraph 4 b (new) 4b. Member States shall ensure that database(s) connected to the Router, EPRIS or Eucaris, contain only the data of persons convicted of or reasonably suspected of a serious criminal offence;
Amendment 721 #
Proposal for a regulation Article 51 – paragraph 4 c (new) 4c. Member States shall ensure that data in any database(s) connected to the Router, EPRIS or Eucaris are removed within 3 months of the person’s acquittal or a decision not to charge, except where there is a specific basis in national law for the retention of data in specific circumstances beyond 3 months.
Amendment 722 #
Proposal for a regulation Article 51 – paragraph 4 d (new) 4d. Member States shall ensure that persons are informed of their inclusion in the database and their rights of redress, except where this will be prejudicial to an ongoing investigation of a serious criminal offence.
Amendment 723 #
Proposal for a regulation Article 51 – paragraph 4 e (new) 4e. Member States shall report annually to the European Commission on the following anonymised statistics: (a) The number of persons whose data are held in each connected database; (b) The proportion of persons whose data are held in each connected database that are suspected, and how many convicted; (c) The types of crimes that the persons whose data are held in each connected database are suspected of or have committed, as proportions of the overall database.
Amendment 724 #
4f. The Commission shall, in close cooperation with the European Data Protection Board and the European Data Protection Supervisor and the Fundamental Rights Agency, make available guidelines on the implementation of Directive (EU) 2016/680 in the context of criminal databases and the cross-border exchange of data, in particular concerning accuracy, strict necessity, and ensuring respect for the right to data protection. The Commission shall adopt the practical handbook in the form of a recommendation.
Amendment 725 #
Proposal for a regulation Article 52 – paragraph 1 1. Member States shall ensure the accuracy and current relevance of personal data. Should a requested Member State become aware that incorrect data or data which should not have been supplied have been supplied, this shall be notified without delay to any requesting Member State. All requesting Member States concerned shall be obliged to correct or delete the data accordingly and to report on the inaccuracy of the hit, notably when it concerns matches of biometric data, such as facial images, for the purposes of Chapter 9. Moreover, personal data supplied shall be corrected if they are found to be incorrect. If the requesting Member State has reason to believe that the supplied data are incorrect or should be deleted the requested Member State shall be informed.
Amendment 726 #
Proposal for a regulation Article 52 – paragraph 1 1. Member States and Europol shall ensure the accuracy and current relevance of personal data. Should a requested Member State or Europol become aware that incorrect, no longer up-to-date data or data which should not have been supplied have been supplied, this shall be notified without delay to any requesting Member State or Europol. All requesting Member States concerned shall be obliged to correct or delete the data accordingly. Moreover, personal data supplied shall be corrected if they are found to be incorrect. If the requesting Member State or Europol has reason to believe that the supplied data are incorrect or should be deleted the requested Member State or Europol shall be informed without delay.
Amendment 727 #
Proposal for a regulation Article 52 – paragraph 1 – subparagraph 1 (new) In application to the first subparagraph, Member States and Europol shall put in place appropriate measures for updating their databases as regards not convicted or acquitted persons.
Amendment 728 #
Proposal for a regulation Article 52 – paragraph 3 – point b (b) following the expiry of the maximum period for keeping data laid down under the national law of the requested Member State where the requested Member State informed the requesting Member State or Europol of that maximum period at the time of supplying the data.
Amendment 729 #
Proposal for a regulation Article 52 – paragraph 3 – subparagraph 1 Where there is reason to believe that the deletion of data would prejudice the interests of the data subject, the data shall be
Amendment 730 #
Proposal for a regulation Article 53 – paragraph 2 Amendment 731 #
Proposal for a regulation Article 53 – paragraph 2 a (new) 2a. Member States shall be the processors for the processing of personal data via Eucaris.
Amendment 732 #
Proposal for a regulation Article 54 – paragraph 1 1.
Amendment 733 #
Proposal for a regulation Article 54 – paragraph 2 2. Without prejudice to Article 33 of Regulation (EU) 2018/1725 and Article 32 of Regulation (EU) 2016/794, eu-LISA
Amendment 734 #
Proposal for a regulation Article 54 – paragraph 3 – introductory part 3. In particular, eu-LISA
Amendment 735 #
Proposal for a regulation Article 54 – paragraph 3 – point g (g) ensure that persons authorised to
Amendment 736 #
Proposal for a regulation Article 54 – paragraph 3 – point i (i) ensure that it is possible to verify and establish what data have been processed in the router
Amendment 737 #
Proposal for a regulation Article 54 – paragraph 3 – point j (j) prevent the unauthorised reading, copying, modification or deletion of personal data during the transmission of personal data to or from the router
Amendment 738 #
Proposal for a regulation Article 54 – paragraph 3 – point l (l) ensure reliability by making sure that any faults in the functioning of the router
Amendment 739 #
Proposal for a regulation Article 55 – paragraph 1 1. Any event that has or may have an impact on the security of the router
Amendment 740 #
Proposal for a regulation Article 55 – paragraph 2 2. Security incidents shall be managed so as to ensure a quick, effective and proper response, in close cooperation between Member States concerned or Europol and eu-LISA.
Amendment 741 #
Proposal for a regulation Article 55 – paragraph 3 – subparagraph 1 Without prejudice to Article 34 of Regulation (EU) 2016/794, Europol shall notify CERT-EU of significant cyber threats, significant vulnerabilities and significant incidents without undue delay and in any event no later than 24 hours after becoming aware of them. Actionable and appropriate technical details of cyber threats, vulnerabilities and incidents that enable proactive detection, incident response or mitigating measures shall be disclosed to CERT-EU without undue delay. In accordance with Articles34 and 92 of Regulation (EU) 2018/1725, Europol shall notify the EDPS of any personal data breaches.
Amendment 742 #
Proposal for a regulation Article 55 – paragraph 3 – subparagraph 1 Without prejudice to Article 34 of Regulation (EU) 2016/794 and to Articles 34 and 92 of Regulation (EU) 2018/1725, Europol shall notify CERT-EU of significant cyber threats, significant vulnerabilities and significant incidents without undue delay and in any event no later than 24 hours after becoming aware of them. Actionable and appropriate technical details of cyber
Amendment 743 #
Proposal for a regulation Article 55 – paragraph 3 – subparagraph 2 In the event of a security incident in relation to the central infrastructure of the router, eu-LISA shall notify CERT-EU of significant cyber threats, significant vulnerabilities and significant incidents without undue delay and in any event no later than 24 hours after becoming aware of them. Actionable and appropriate technical details of cyber threats, vulnerabilities and incidents that enable proactive detection, incident response or mitigating measures shall be disclosed to CERT-EU without undue delay. In accordance with Articles34 and 92 of Regulation (EU) 2018/1725, eu-Lisa shall notify the EDPS of any personal data breaches.
Amendment 744 #
Proposal for a regulation Article 55 – paragraph 5 Amendment 745 #
Proposal for a regulation Article 55 – paragraph 5 a (new) 5a. This Article is without prejudice to data breach reporting obligations pursuant to Articles 34, 35, 92 and 93 of Regulation (EU) 2018/1725, and Articles 30 and 31 of Directive (EU) 2016(680).
Amendment 746 #
Proposal for a regulation Article 56 – paragraph 1 1. Member States and
Amendment 747 #
Proposal for a regulation Article 56 – paragraph 2 2. The data controllers shall take the necessary measures to monitor the compliance of data processing pursuant to this Regulation, including through frequent verification of the logs referred to in Articles 20, 40 and 45 by checking the admissibility of queries, the lawfulness of data processing and the manual confirmation of a match, and cooperate, where necessary, with the supervisory authorities and with the European Data Protection Supervisor.
Amendment 748 #
Proposal for a regulation Article 56 – paragraph 2 2. The data controllers shall
Amendment 749 #
Proposal for a regulation Article 56 – paragraph 2 – subparagraph 1 (new) The data controllers shall pay particular attention to the verification of logs for the processing of facial images pursuant to Article 21 and police records pursuant to Article 25.
Amendment 750 #
Proposal for a regulation Article 56 – paragraph 2 a (new) 2a. Law enforcement authorities shall take the necessary measures to monitor compliance with fundamental rights in data exchanges under this Regulation, including the right to non-discrimination, through review and audit of justifications referred to in Article 33 and review and audit of the logs referred to in Articles 40 and 45.
Amendment 751 #
Proposal for a regulation Article 56 – paragraph 2 a (new) Amendment 752 #
Proposal for a regulation Article 56 – paragraph 2 b (new) 2b. Member States and Europol shall ensure an adequate level of human, financial and technical resources to data controllers and supervisory authorities pursuant to this Article.
Amendment 753 #
Proposal for a regulation Article 56 – paragraph 2 c (new) 2c. On a yearly basis, supervisory authorities shall send a report on the review of self-monitoring in their Member Sate to the Commission for the monitoring pursuant to Article 79.
Amendment 754 #
Member States shall ensure that any misuse of data, processing of data or exchange of data contrary to this Regulation and any misuse of this Regulation outside its purposes, such as in the case of politically-motivated purposes, is punishable in accordance with national law. The penalties provided shall be effective, proportionate and dissuasive.
Amendment 755 #
Proposal for a regulation Article 59 – paragraph 1 If any failure of a Member State to comply with its obligations under this Regulation causes damage to the router
Amendment 756 #
Proposal for a regulation Article 60 Amendment 757 #
Proposal for a regulation Article 60 – paragraph 1 1. The European Data Protection Supervisor shall ensure that an audit of personal data processing operations by eu- LISA
Amendment 758 #
Proposal for a regulation Article 60 – paragraph 2 2. Powers conferred to the European Data Protection Supervisor as referred to in Article 58 of Regulation (EU) 2018/1725 shall apply for this Regulation. In particular, eu-LISA and Europol shall supply information requested by the European Data Protection Supervisor to it, grant the European Data Protection Supervisor access to all the documents it requests and to their logs referred to in Articles 40 and 45 and allow the European Data Protection Supervisor access to all their premises at any time.
Amendment 759 #
Proposal for a regulation Article 60 – paragraph 2 2.
Amendment 760 #
Proposal for a regulation Article 60 – paragraph 2 2. eu-LISA and Europol shall supply information requested by the European Data Protection Supervisor to it, grant the European Data Protection Supervisor access to all the documents it requests and to their logs referred to in Articles 40 and 45 and allow the European Data Protection Supervisor access to all their premises at any time. This paragraph is without prejudice to other powers of the European Data Protection Supervisor pursuant to Article 58 of Regulation (EU) 2018/1725.
Amendment 761 #
Proposal for a regulation Article 60 – paragraph 2 a (new) 2a. Pursuant to this Article, the European Data Protection Supervisor shall be provided with additional staff and financial resources corresponding to the needs identified to carry out the audits.
Amendment 762 #
Proposal for a regulation Article 60 a (new) Article 60a Audits by national supervisory authorities 1. National supervisory authorities shall ensure that an audit of personal data processing operations by national competent authorities for the purposes of this Regulation is carried out in accordance with relevant international auditing standards at least every two years. A report of that audit shall be sent to the relevant national parliament, to the European Parliament, to the Council, and to the Commission. 2. National competent authorities shall supply information requested by the national supervisory authorities, grant the national supervisory authorities access to all the documents they request and to their logs referred to in Articles 40 and 45 and allow the national supervisory authorities access to all their premises at any time. 3. The supervisory authorities shall be provided with sufficient human and technical resources to guarantee the effectiveness of the supervision.
Amendment 763 #
Proposal for a regulation Article 61 – paragraph 1 1. The supervisory authorities and the European Data Protection Supervisor shall, each acting within the scope of their respective competences, cooperate actively within the framework of their respective responsibilities and ensure coordinated supervision of the application of this Regulation, in particular if the European Data Protection Supervisor or a supervisory authority finds major discrepancies between practices of Member States or finds potentially unlawful transfers using the Prüm II communication channels or finds practices of Member States where they are reasons to believe that the data requested would be used for politically-motivated purposes.
Amendment 764 #
Proposal for a regulation Article 61 – paragraph 3 3. The European Data Protection
Amendment 765 #
Proposal for a regulation Article 61 – paragraph 3 3. The European Data Protection Board shall send a joint report of its activities under this Article to the European Parliament, to the Council, to the Commission,
Amendment 766 #
Proposal for a regulation Article 62 – paragraph 1 Amendment 767 #
Proposal for a regulation Article 62 – paragraph 1 a (new) Any communication of personal data to third countries or to international organisation shall comply with Regulation (EU) 2016/794.
Amendment 768 #
Proposal for a regulation Article 62 a (new) Article 62a Relation to other relevant data protection legislation The provisions of this Chapter are without prejudice to the application of both Directive (EU) 2016/680 and Regulation (EU) 2018/1725 as regards the processing of personal data in the context of law enforcement cooperation.
Amendment 769 #
Proposal for a regulation Article 63 – paragraph 1 – point d Amendment 770 #
Proposal for a regulation Article 63 – paragraph 1 – point e Amendment 771 #
Proposal for a regulation Article 63 – paragraph 1 – point f Amendment 772 #
Proposal for a regulation Article 63 – paragraph 1 – point h Amendment 773 #
Proposal for a regulation Article 63 – paragraph 1 – point m (m) correcting or deleting any data received from a requested Member State within 24
Amendment 774 #
Proposal for a regulation Article 63 – paragraph 1 – point n (n) compliance with the minimum data quality requirements established in this Regulation.
Amendment 775 #
Proposal for a regulation Article 63 – paragraph 1 – point n a (new) (na) ensuring the right to lodge a complaint and the right to an effective judicial remedy in accordance with Chapter VIII of Directive(EU) 2016/680 in the application of this Regulation.
Amendment 776 #
Proposal for a regulation Article 63 – paragraph 2 2. Each Member State shall be responsible for connecting their competent national authorities to the router
Amendment 777 #
Proposal for a regulation Article 64 Amendment 778 #
Proposal for a regulation Article 64 – paragraph 6 6. Europol shall be responsible for the procedures referred to in Article
Amendment 779 #
Proposal for a regulation Article 66 – paragraph 1 – subparagraph 1 Technical management of the router shall consist of all the tasks and technical solutions necessary to keep the router functioning and providing uninterrupted services to Member States
Amendment 780 #
Proposal for a regulation Article 66 – paragraph 1 – subparagraph 2 The router shall be developed and managed in such a way as to ensure fast, efficient and controlled access, full and uninterrupted availability of the router, and a response time in line with the operational needs of the competent authorities of the Member States
Amendment 781 #
Proposal for a regulation Article 66 a (new) Article 66a Responsibilities of the Commission The Commission shall have oversight of the responsibilities of the Member States and eu-LISA described in Articles 63, 65 and 66, and shall conduct regular reviews, no less than yearly, of the compliance of Member States and eu- LISA with their obligations under this regulation, as well as make binding recommendations for improvement should deficiencies be identified as part of the review process.
Amendment 782 #
Proposal for a regulation Article 71 – paragraph 1 – introductory part 1. The duly authorised staff of the competent authorities of Member States, the Commission,
Amendment 783 #
Proposal for a regulation Article 71 – paragraph 1 – point a (a) number of queries per Member State
Amendment 784 #
Proposal for a regulation Article 71 – paragraph 1 – point d a (new) (da) number of inaccurate hits concerning matches of biometric data;
Amendment 785 #
Proposal for a regulation Article 71 – paragraph 1 – point e Amendment 786 #
(fa) number of unconfirmed matches; and
Amendment 787 #
Proposal for a regulation Article 71 – paragraph 2 – introductory part 2. The duly authorised staff of the competent authorities of Member States,
Amendment 788 #
Proposal for a regulation Article 71 – paragraph 2 – point a (a) number of queries per Member State
Amendment 789 #
Amendment 790 #
Proposal for a regulation Article 72 – paragraph 1 1. Costs incurred in connection with the establishment and operation of the router
Amendment 791 #
Proposal for a regulation Article 72 – paragraph 2 – introductory part 2. Costs incurred in connection with the integration of the existing national infrastructures and their connections to the router
Amendment 792 #
Proposal for a regulation Article 72 – paragraph 2 – introductory part 2. Costs incurred in connection with the integration of the existing national infrastructures and their connections to the router and EPRIS as well as costs incurred in connection with the establishment of
Amendment 793 #
Proposal for a regulation Article 72 – paragraph 2 – introductory part 2. Costs incurred in connection with the integration of the existing national infrastructures and their connections to the
Amendment 794 #
Proposal for a regulation Article 72 – paragraph 2 – introductory part 2. Costs incurred in connection with the integration of the existing national infrastructures and their connections to the router and EPRIS as well as costs incurred in connection with the establishment of national
Amendment 795 #
Proposal for a regulation Article 72 – paragraph 4 Amendment 796 #
Proposal for a regulation Article 74 – paragraph 1 – point b (b) eu-LISA has declared the successful completion of a comprehensive test of the router, which it has conducted in cooperation with the Member States authorities’
Amendment 797 #
Proposal for a regulation Article 74 – paragraph 1 – subparagraph 2 The Commission may postpone the date from which the Member States and the Union agencies must start using router by
Amendment 798 #
Proposal for a regulation Article 74 – paragraph 2 Amendment 799 #
Proposal for a regulation Article 74 – paragraph 3 Amendment 800 #
Proposal for a regulation Article 74 – paragraph 4 Amendment 801 #
Proposal for a regulation Article 78 – paragraph 1 The Commission shall, in close cooperation with the Member States, Europol
Amendment 802 #
Proposal for a regulation Article 78 – paragraph 1 The Commission shall, in close cooperation with the Member States, European Data Protection Supervisor, European Data Protection Board, and after consultation with civil society and independent experts, Europol and eu- LISA, make available a practical handbook for the implementation and management of this Regulation. The practical handbook shall provide technical and operational guidelines, recommendations and best practices. The Commission shall adopt the practical handbook in the form of a recommendation.
Amendment 803 #
Proposal for a regulation Article 78 – paragraph 1 The Commission shall, in close cooperation with the Member States, Europol
Amendment 804 #
Proposal for a regulation Article 78 – paragraph 1 The Commission shall, in close cooperation with the Member States,
Amendment 805 #
Proposal for a regulation Article 78 – paragraph 1 a (new) The Commission shall regularly and where necessary update the practical handbook.
Amendment 806 #
Proposal for a regulation Article 79 – paragraph 1 Amendment 807 #
Proposal for a regulation Article 79 – paragraph 3 Amendment 808 #
Proposal for a regulation Article 79 – paragraph 3 – subparagraph 1 Amendment 809 #
Proposal for a regulation Article 79 – paragraph 4 4. For the purposes of technical maintenance, eu-LISA
Amendment 810 #
4. For the purposes of technical maintenance, eu-LISA and Europol shall have access to the necessary information relating to the data processing operations performed in the router and EPRIS respectively, excluding personal data.
Amendment 811 #
Proposal for a regulation Article 79 – paragraph 4 4. For the purposes of technical maintenance, eu-LISA and Europol shall have access to the necessary information relating to the data processing operations performed in the router
Amendment 812 #
Proposal for a regulation Article 79 – paragraph 6 Amendment 813 #
Proposal for a regulation Article 79 – paragraph 7 – introductory part 7. T
Amendment 814 #
Proposal for a regulation Article 79 – paragraph 7 – introductory part 7.
Amendment 815 #
Proposal for a regulation Article 79 – paragraph 7 – introductory part 7. Three years after the start of operations of the router
Amendment 816 #
Proposal for a regulation Article 79 – paragraph 7 – point a (a) an assessment of the application of this Regulation, in particular the assessment of self-monitoring of the admissibility of queries, the lawfulness of data processing and the manual confirmation of a match as referred to in Article 56.The Commission may seek the support from the European Data Protection Supervisor;
Amendment 817 #
Proposal for a regulation Article 79 – paragraph 7 – point d a (new) (da) a detailed response to a preceding consultation of the European Data Protection Board, the European Data Protection Supervisor and the Fundamental Rights Agency.
Amendment 818 #
Proposal for a regulation Article 79 – paragraph 7 – subparagraph -1 (new) -1 The Commission shall pay particular attention to any Member State subject to a procedure under Article 7of the Treaty on the European Union.
Amendment 819 #
Proposal for a regulation Article 79 – paragraph 8 8. The Member States
Amendment 820 #
Proposal for a regulation Article 79 – paragraph 9 9. The Member States shall provide
Amendment 821 #
Proposal for a regulation Article 79 – paragraph 9 9. The Member States shall provide
Amendment 822 #
Proposal for a regulation Article 79 – paragraph 10 10. Member States
Amendment 823 #
Proposal for a regulation Article 79 – paragraph 10 10. Member States
source: 737.534
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procedure/Legislative priorities/0 |
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docs/6/docs/0/url |
https://www.europarl.europa.eu/doceo/document/LIBE-AM-737534_EN.html
|
docs/7/docs/0/url |
https://www.europarl.europa.eu/doceo/document/LIBE-AM-737535_EN.html
|
docs/0 |
|
docs/6 |
|
docs/6/date |
Old
2022-10-28T00:00:00New
2022-11-03T00:00:00 |
docs/7 |
|
docs/7 |
|
docs/7/date |
Old
2022-10-28T00:00:00New
2022-11-03T00:00:00 |
docs/8 |
|
events/0 |
|
docs/0 |
|
events/0 |
|
procedure/Legislative priorities |
|
docs/6 |
|
docs/7 |
|
docs/4 |
|
docs/4/docs/0/url |
https://www.europarl.europa.eu/doceo/document/LIBE-PR-736469_EN.html
|
docs/4 |
|
docs/3 |
|
docs/3 |
|
docs/3 |
|
procedure/subject/7.30.05 |
Police cooperation
|
procedure/subject/7.30.20 |
Action to combat terrorism
|
procedure/subject/7.30.30 |
Action to combat crime
|
procedure/subject/7.40.04 |
Judicial cooperation in criminal matters
|
docs/0 |
|
events/0 |
|
procedure/subject/7.30.05 |
Police cooperation
|
procedure/subject/7.30.20 |
Action to combat terrorism
|
procedure/subject/7.30.30 |
Action to combat crime
|
procedure/subject/7.40.04 |
Judicial cooperation in criminal matters
|
committees/0/shadows/3 |
|
committees/0/shadows/2 |
|
committees/0/shadows |
|
committees/0/rapporteur |
|
events |
|
procedure/dossier_of_the_committee |
|
procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
procedure/title |
Old
Cross-border cooperation to combat terrorism and cross-border crime: automated data exchange for police cooperation (Prüm II)New
Automated data exchange for police cooperation (“Prüm II”) |
commission |
|
committees/1/opinion |
False
|
docs/0/summary |
|