19 Amendments of Michal ŠIMEČKA related to 2019/0002(COD)
Amendment 54 #
Proposal for a regulation
Recital 5
Recital 5
(5) For efficiency reasons and in order to decrease costs, ETIAS should, as provided for in Article 6(3) of Regulation (EU) 2018/1240, re-use hardware and software components developed for the Entry/Exit System (‘EES’) for the development of the shared identity repository. This repository used for the storage of the identity alphanumeric data of both ETIAS applicants and third-country nationals registered in the EES, should be developed in a way enabling its extension to become the future Common Identity Repository. In the same spirit, the tool to be established to enable ETIAS to compare its data with the ones of every other system consulted through a single query should be developed in a way enabling its evolution to become the future European Search Portal.
Amendment 56 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The European Search Portal (ESP), established by Regulation (EU) 2019/817 of the European Parliament and of the Council will enable competent authorities to simultaneously query the underlying systems and the combined results will be displayed on a single screen.
Amendment 59 #
Proposal for a regulation
Recital 10
Recital 10
(10) The access rights and conditions under which the ETIAS Central Unit and ETIAS National Units may consult data stored in other EU information systems for the purposes of ETIAS should be safeguarded by clear and precise rules regarding the access by the ETIAS Central Unit and ETIAS National Units to the data stored in other EU information systems, the type of queries and categories of data, all of which should be limited to what is strictly necessary for the performance of their duties. In the same vein, the data stored in the ETIAS application file should only be visible to those Member States that are operating the underlying information systems in accordance with the modalities of their participation. As an example, the provisions of this Regulation relating to the Schengen Information System and the Visa Information System constitute provisions building upon all the provisions of the Schengen acquis, for which the Council Decisions35 on the application of the provisions of the Schengen acquis relating to the Schengen Information System and the Visa Information System are relevant. _________________ 35 Council Decision 2010/365/EU of 29 June 2010 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania ( OJ L 166, 1.7.2010, p. 17); Council Decision (EU) 2017/733 of 25 April 2017 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Croatia (OJ L 108, 26.4.2017, p. 31); Council Decision (EU) 2017/1908 of 12 October 2017 on the putting into effect of certain provisions of the Schengen acquis relating to the Visa Information System in the Republic of Bulgaria and Romania (OJ L 269, 19.10.2017, p. 39–43); Council Decision (EU) 2018/934 of 25 June 2018 on the putting into effect of the remaining provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania (OJ L 165, 2.7.2018, p. 37).
Amendment 60 #
Proposal for a regulation
Recital 11
Recital 11
(11) According to Article 73 of Regulation (EU) 2018/1240, the European agency for the operational management of large-scale information systems in the area of freedom, security and justice ('eu- LISA'), established by Regulation (EU) 2018/1726 of the European Parliament and of the Council36 , should be responsible for the design and technical development phase of the ETIAS Information System. _________________ 36Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99).
Amendment 64 #
(4 a) The ETIAS Central Unit shall provide periodical reports to the Commission and eu-Lisa concerning false hits generated during the automated processing referred to in Article 20 (2). The ETIAS Central Unit shall seek the cooperation and information from ETIAS National Units in this regard.
Amendment 66 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11– paragraph 1 – subparagraph 1
Article 11– paragraph 1 – subparagraph 1
[Interoperability shall rely on the European Search Portal (‘ESP’), established by Article 6 of Regulation (EU) 2018/XXX (interoperability). During a transitional period, before the ESP is available, the automated processing shall rely on a tool developed by eu-LISA for the purpose of this paragraph. This tool shall be used as the basis for the development and implementation of the ESP, in accordance with Article 52 of that Regulation]9/817 of the European Parliament and of the Council (interoperability).
Amendment 71 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11 – paragraph 8 – subparagraph 1
Article 11 – paragraph 8 – subparagraph 1
Where hits are identified, the tool referred to in Article 11,ESP shall makprovide temporarily availablend read-only access to the results in the application file to the ETIAS Central Unit, until the end of the manual process pursuant to Article 22(2) and Article 23(2). Where the data made available correspond to those of the applicant or where doubts remain, the unique ID code of the data having triggered a hit shall be kept in the application file.
Amendment 73 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11 – paragraph 9
Article 11 – paragraph 9
9. A hit shall be triggered where all or some of the data from the ETIAS application file used for the query correspond fully or partially to the data present in a record, alert or file of the other EU information systems consulted. The Commission shall, by means of an implementing act, define partial correspondence, including a degree of probability to limit the number of false hits and to limit the number of ETIAS queries to what is necessary..
Amendment 75 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11 – paragraph 10
Article 11 – paragraph 10
10. For the purpose of paragraph 1, the Commission, shall, by means of an implementing delegated act, define the technical modalities for the implementation of Article 24(6)(c)(ii) and Article 54(1)(b) related to data retention while fully respecting the principle of data minimisation and the relevant retention periods.
Amendment 78 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Regulation (EU) 2018/ 1240
Article 11 – paragraph 11
Article 11 – paragraph 11
For the purpose of Article 25(2), Article 28(8) and Article 29(9) when registering the data related to hits into the ETIAS application file, the origin of the data shall be indicated. This shall include the type of the alert, except for alerts referred to in Article 23(1), the source of the data (which other EU information systems or Europol data), the unique identification number used in the source of the data having triggered the hit and the Member State that entered or supplied the data having triggered the hit and, where available, the date and time when the data was entered in the other EU information systems or Europol data. When a hit leads to a negative decision, and without prejudice to any limitations existing in the EU information system that has triggered the hit, the applicant shall be informed of the system which generated the hit for the purposes of ensuring the applicant's right to an effective remedy.
Amendment 88 #
Proposal for a regulation
Article 1 – paragraph 6
Article 1 – paragraph 6
Regulation (EU) 2018/1240
Article 12 – paragraph 2 (new)
Article 12 – paragraph 2 (new)
2. For the purpose of paragraph 1, a cooperation agreement is to be agreed upon between the European Union and INTERPOL. This cooperation agreement shall provide for the modalities for the exchange of information and safeguards for the protection of personal data. and subject to Article 218 TFEU;
Amendment 95 #
Proposal for a regulation
Article 1 – paragraph 9 – point b
Article 1 – paragraph 9 – point b
Regulation (EU) 2018/1240
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Where the comparison referred to in paragraph 1 reports one or several hits, the ETIAS Central System shall send an automated notification to the ETIAS Central Unit. When notified, the ETIAS Central Unit shall have temporary access to the application file and any linked application files, in order to verify whether the applicant’s personal data correspond to the personal data contained in the alert having triggered that hit and if a correspondence is confirmed, the ETIAS Central System shall send an automated notification to the SIRENE Bureau of the Member State that entered the alert. The SIRENE Bureau concerned shall further verify whether the applicant’s personal data correspond to the personal data contained in the alert having triggered the hit and take any appropriate follow-up action.;
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 10
Article 1 – paragraph 10
Regulation (EU) 2018/1240
Article 25a – paragraph 2
Article 25a – paragraph 2
2. The ETIAS National Units shall also have access to the national criminal records registers in order to obtain the information on third country national and stateless persons convicted for a terrorist offence or any other serious criminal offences as specified in the Annex to Regulation (EU) 2018/ 1240 for the purposes referred to in paragraph 1.
Amendment 115 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 18b – paragraph 1
Article 18b – paragraph 1
1. From the start of operations of ETIAS, as provided for in Article 88(1) of Regulation (EU) 2018/1240, the ‘CS-VIS’ shall be connected to the tool referred to in Article 11 of Regulation (EU) 2018/1240ESP to enable the automated processing referred to in that Article 11 of Regulation (EU) 2018/ 1240.
Amendment 116 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 18b – paragraph 2
Article 18b – paragraph 2
2. The automated processing referred to in Article 11 of Regulation (EU) 2018/1240 shall enable the verifications provided for in Article 20 of that Regulation and the subsequent verifications of Articles 22 and 26 of that Regulation. For the purpose of proceeding to the verifications point (i) of Article 20(2) of Regulation (EU) 2018/1240, the ETIAS Central System shall use the tool referred to in Article 11 of that RegulationESP to compare the data in ETIAS with the data in the VIS, in accordance with Article 11(8) of that Regulation, using the correspondences listed in the table in annex II.
Amendment 117 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 18c – paragraph 1
Article 18c – paragraph 1
1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, the right to access and search relevant data in VIS in a read-only format and in accordance with Article 11(8) of that Regulation.
Amendment 120 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 18d – paragraph 2
Article 18d – paragraph 2
2. The ETIAS National Units, designated pursuant to Article 8(1) of Regulation (EU) 2018/1240, shall have temporary access to and may consult VIS, in a read- only format, for the purpose of examining applications for travel authorisation pursuant to Article 8(2) of that Regulation. The ETIAS National Units may consult the data referred to in Articles 9 to 14 of this Regulation.
Amendment 128 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
Regulation (EU) 2017/2226
Article 25a – paragraph 1
Article 25a – paragraph 1
1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, the right to access and search data in the EES in a read-only format and in accordance with Article 11(8) of that Regulation.
Amendment 135 #
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
Regulation (EU) 2018/1861
Article 36a – paragraph 1
Article 36a – paragraph 1
1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, the right to access and search relevant data entered in SIS. The provisions in a read- only format. The provisions of points (4) to (8) of Article 36(4)-(8) apply to this access and search.