48 Amendments of Heinz K. BECKER related to 2017/0351(COD)
Amendment 208 #
Proposal for a regulation
Recital 10
Recital 10
(10) The interoperability between the EU information systems should allow said systems to supplement each other in order to facilitate the correct identification of persons, contribute to fighting identity fraud, improve and harmonise data quality requirements of the respective EU information systems, facilitate the technical and operational implementation by Member States of existing and future EU information systems, strengthen and simplify the data security and data protection safeguards that govern the respective EU information systems, streamline the law enforcementdesignated authorities’ access to the EES, the VIS, the [ETIAS] and Eurodac, and support the purposes of the EES, the VIS, the [ETIAS], Eurodac, the SIS and the [ECRIS-TCN system].
Amendment 215 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The proposal at hand constitutes a first step in creating a comprehensive framework of interoperable Union information systems. Additional information systems, including decentralised European and national systems, should be included in the future.
Amendment 239 #
(21) Personal data stored in these EU information systems may relate to the same persons but under different or incomplete identities. Member States dispose of efficient ways to identify their citizens or registered permanent residents in their territory, but the same is not true for third- country nationals. The interoperability between EU information systems should contribute to the correct identification of third-country nationals. The common identity repository (CIR) should store the personal data concerning third-country nationalpersons present in the systems that are necessary to enable the more accurate identification of those individuals, therefore including their identity, travel document and biometric data, regardless of the system in which the data was originally collected. Only the personal data strictly necessary to perform an accurate identity check should be stored in the CIR. The personal data recorded in the CIR should be kept for no longer than is strictly necessary for the purposes of the underlying systems and should be automatically deleted when the data is deleted in the underlying systems in accordance with their logical separation.
Amendment 249 #
Proposal for a regulation
Recital 24
Recital 24
(24) The common identity repository (CIR) should thus support the functioning of the multiple-identity detector and to facilitate and streamline access by law enforcementdesignated authorities to the EU information systems that are not established exclusively for purposes of prevention, investigation, detection or prosecution of serious crime.
Amendment 259 #
Proposal for a regulation
Recital 27
Recital 27
(27) In order to streamline and ensure the correct identification of a person, Member State authorities competent for preventing and combating irregular migration and competent authorities within the meaning of Article 3(7) of Directive 2016/680 should be allowed to query the common identity repository (CIR) with the biometric data of that person taken during an identity check.
Amendment 265 #
Proposal for a regulation
Recital 28
Recital 28
(28) Where the biometric data of the person cannot be used or if the query with that data fails, the query should be carried out with identity data of that person in combination with travel document data. Where the query indicates that data on that person are stored in the common identity repository (CIR), Member State authorities should have access to consult the identity data of that person stored in the CIR, withoutalso providing any indication as to which EU information system the data belongs to.
Amendment 269 #
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation should also introduces a new possibility for streamlined access to data beyond identity data present in the EES, the VIS, [the ETIAS] or Eurodac by Member State designated law enforcement authorities and Europol. Data, including data other than identity data contained in those systems, may be necessary for the prevention, detection, investigation and prosecution of terrorist offences or serious criminal offences in a specific case.
Amendment 275 #
Proposal for a regulation
Recital 31
Recital 31
(31) Full access to the necessary data contained in the EU information systems necessary for the purposes of preventing, detecting and investigating terrorist offences or other serious criminal offences, beyond the relevant identity data covered under common identity repository (CIR) obtained using biometric data of that person taken during an identity check, should continue to be governed by the provisions in the respective legal instruments. The designated law enforcement authorities and Europol do not know in advance which of the EU information systems contains data of the persons they need to inquire upon. This results in delays and inefficiencies in the conduct of their tasks. The end-user authorised by the designated authority should therefore be allowed to see in which of the EU information systems the data corresponding to the query introduced are recorded. The concerned system would thus be flagged following the automated verification of the presence of a hit in the system (a so-called hit-flag functionality).
Amendment 286 #
Proposal for a regulation
Recital 34
Recital 34
(34) The two-step data consultation approach is particularly valuable in cases where the suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence is unknown. In those cases the common identity repository (CIR) should enable identifying the information system that knows the person in one single search. By creating the obligation to use this new law enforcement access approach in these cases, access to the personal data stored in the EES, the VIS, [the ETIAS] and Eurodac should take place without the requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system of other Member States under Decision 2008/615/JHA. The principle of prior search effectively limits the possibility of Member State’ authorities to consult systems for justified law enforcement purpospurposes of preventing, detecting or investigating terrorist offences or other serious criminal offences and could thereby result in missed opportunities to uncover necessary information. The requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system of other Member States under Decision 2008/615/JHA should only cease to apply once the alternative safeguard of the two- step approach to law enforcementdesignated authorities’ access through the CIR has become operational.
Amendment 313 #
Proposal for a regulation
Recital 44
Recital 44
(44) eu-LISA should establish automated data quality control mechanisms and common data quality indicators. eu- LISA should send out automatic and immediate warnings to the authority entering data if minimum data quality standards are not met. eu-LISA should be responsible to develop a central monitoring capacity for data quality and to produce regular data analysis reports to improve the control of implementation and application by Member States of EU information systems. The common quality indicators should include the minimum quality standards to store data in the EU information systems or the interoperability components. The goal of such a data quality standards should be for the EU information systems and interoperability components to automatically identify apparently incorrect or inconsistent data submissions so that the originating Member State is able to verify the data and carry out any necessary remedial actions.
Amendment 316 #
Proposal for a regulation
Recital 46
Recital 46
(46) The Universal Message Format (UMF) should establish a standard for structured, cross-border information exchange between information systems, authorities and/or organisations in the field of Justice and Home affairs, including SIS. UMF should define a common vocabulary and logical structures for commonly exchanged information with the objective to facilitate interoperability by enabling the creation and reading of the contents of the exchange in a consistent and semantically equivalent manner.
Amendment 355 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation, together with [Regulation 2018/xx on interoperability police and judicial cooperation, asylum and migration], establishes a framework to ensure the interoperability between the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], Eurodac, the Schengen Information System (SIS), and [the European Criminal Records Information System for third-country nationals (ECRIS-TCN)] in order for those systems and data to supplement each otherand to add significant value in the identification of terrorist and international criminal networks by bringing together relevant information..
Amendment 365 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Regulation also adapts the procedures and conditions for Member State law enforcementdesignated authorities and for the European Union Agency for Law Enforcement Cooperation (Europol) access to the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS),] and Eurodac for the purposes of the prevention, detection and investigation of terrorist offences or of other serious criminal offences falling under their competence.
Amendment 367 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. This Regulation also provides the option for Member States to use national legislative measures to empower police authorities to query the CIR for the purpose of identifying a person as well as to prevent and fight illegal migration and to preserve public security.
Amendment 378 #
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) to aid in in the identification of unknown persons who are unable to identify themselves or unidentified human remains in cases of natural disasters, accidents or terrorist attacks.
Amendment 383 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) ensuring and streamlining the correct identification of persons;
Amendment 395 #
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) streamlining the conditions for law enforcementdesignated authorities’ access to the EES, the VIS, [the ETIAS] and Eurodac;
Amendment 398 #
Proposal for a regulation
Article 2 – paragraph 2 – point g a (new)
Article 2 – paragraph 2 – point g a (new)
(ga) supporting eu-LISA and Member States in providing training and education to experts and users of interoperability components.
Amendment 407 #
Proposal for a regulation
Article 4 – paragraph 1 – point 18
Article 4 – paragraph 1 – point 18
(18) ‘EU information systems’ means the large-scale IT systems operationally managed by eu- LISA;
Amendment 453 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the EU information systems, the Europol data and the Interpol databases that shall and may be consulted and that shall provide a reply to the user, whereby it shall be ensured that access according to access rights is technically ensured; and
Amendment 492 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. In both scenarios, and until the technical failure is addressed, the obligation referred to in Article 7(2) and (4) shall not apply and Member States may access the information systems referred to in Article 9(1) or the CIR directly using their respective national uniform interfaces or national communication infrastructures.
Amendment 516 #
Proposal for a regulation
Article 13 – paragraph 1 – point g a (new)
Article 13 – paragraph 1 – point g a (new)
(ga) the biometric data processed by Europol.
Amendment 543 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. A common identity repository (CIR), creating an individual file for each person that is recorded in the EES, the VIS, [the ETIAS], Eurodac or [the ECRIS-TCN system] containing the data referred to in Article 18, is established for the purpose of facilitating and assisting the correct identification of persons registered in the EES, the VIS, [the ETIAS], the Eurodac and [the ECRIS-TCN system], of supporting the functioning of the multiple- identity detector and of facilitating and streamlining access by law enforcementdesignated authorities to non-law enforcement information systems at EU level, where necessary for the prevention, investigation, detection or prosecution of serious crime.
Amendment 549 #
Proposal for a regulation
Article 18 – paragraph 1 – point e
Article 18 – paragraph 1 – point e
(e) – (not applicable) [the data referred to in Article 5(1)(b) and 5(2) and the following data of Article 5(1)(a) of the ECRIS-TCN Regulation: surname or family name; first name(s) (given name(s)); sex; date of birth; place and country of birth; nationality or nationalities; gender and where applicable previous names, pseudonyms(s) and/or alias name(s) as well as information on travel documents.]
Amendment 560 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Where a Member State police authority has been so empowered by national legislative measures as referred to in paragraph 2, it may, solely for the purpose of identifying a person, query the CIR with the biometric data of that person taken during an identity check. Such checks shall not be limited to cases where the designated authority personnel was unable to identify a person on the basis of a travel document or provision of identity data or where there were doubts as to the authenticity of the travel document or the identity of its holder.
Amendment 562 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
Where the query indicates that data on that person is stored in the CIR, the Member States authority shall have access to consult the data referred to in Article 18(1). The consultation shall reveal in any case to which Union information system the data belongs.
Amendment 565 #
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Where there is a national legal basis, Member States' designated authorities may query the CIR to identify unknown persons unable to identify themselves or unidentified human remains in cases of natural disasters, accidents or terrorist attacks with the biometric data of those persons.
Amendment 566 #
Proposal for a regulation
Article 20 – paragraph 1 b (new)
Article 20 – paragraph 1 b (new)
1b. Where a Member State police authority was unable to identify a person on the basis of a travel document or with the identity data provided by that person following rules and procedures provided for in national law or where there are doubts as to the authenticity of the travel document or the identity of its holder or where accessing the CIR may contribute to preventing and fighting illegal migration as well as to preserving public security, the authority shall be able to query the CIR in accordance with the rules provided for in paragraphs 1 and 2.
Amendment 567 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Member States wishing to avail themselves of the possibility provided for in this Article shall adopt national legislative measures. Such legislative measures shall specify the precise purposes of identity checks within the purposes referred to in Article 2(1)(b) and (c). They shall designate the police authorities competent and lay down the procedures, conditions and criteria of such checks.
Amendment 582 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 590 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Where the MID establishes a red link according to Article 32, data retention in the CIR shall be prolonged as to linked data referred to in Article 18 shall be stored in the CIR for the period corresponding data remains stored in at least one of the originating EU information systems.
Amendment 596 #
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 1 – point a
Article 24 – paragraph 4 – subparagraph 1 – point a
(a) only the national file reference;
Amendment 624 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where the data contained within an information system as referred to in paragraph 1 contains biometric data, the common identity repository (CIR) and the Central-SIS shall use the shared biometric matching service (shared BMS) in order to perform the multiple-identity detection. The shared BMS shall compare the biometric templates obtained from any new biometric data to the biometric templates already contained in the shared BMS in order to verify whether or not data belonging to the same third-country nationalperson is already stored in the CIR or in the Central SIS.
Amendment 630 #
Proposal for a regulation
Article 27 – paragraph 3 – point h
Article 27 – paragraph 3 – point h
(h) – (not applicable).[surname (family name); first name(s) (given names); previous name(s); pseudonym and/or alias name(s); date of birth, place of birth, nationality(ies) and gender as referred to in Article 5(1)(a) of the ECRIS-TCN Regulation.]
Amendment 669 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Without prejudice to limitations necessary to protect security and public order, prevent crime and guarantee that any national investigation will not be jeopardised, with particular emphasis to the provisions related to the handling of alerts in the SIS referred to in the [Regulations on SIS in the field of border checks, on SIS in the field of law enforcement and on SIS in the field of illegal return], and without prejudice to limitations necessary to protect security and public order, prevent crime and guarantee that any national investigation will not be jeopardised, where a red link is created, the authority responsible for verification of different identities shall inform the person of the presence of multiple unlawful identities.
Amendment 686 #
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
In case of the establishment of a red link between data in the CIR, the identity confirmation files and its data, including the red link, shall be stored in the MID only for as long as the corresponding data are stored in at least one of the originating EU information systems.
Amendment 706 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. The implementation of the UMF standard mayshall be considered in the VIS, the SIS and in any existing or new cross- border information exchange models and information systems in the area of Justice and Home Affairs, developed by Member States or associated countries.
Amendment 709 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. eu-LISA shall establish, implement and host the CRRS in its technical sites contain ing the data referred to in order to implement [Article 63 of the EES Regulation], Article 17 of Regulation (EC) No 767/2008, [Article 73 of the ETIAS Regulation] and [Article 54 of the Regulation on SIS in the field of border checks] and support the implementation of the analytical tasks by the Agencies referred to in (new) paragraph 2b, logically separated. The data contained in the CRRS shall not enable the identification of individuals. Access to the repository shall be granted by means of secured access through the Trans- European Services for Telematics between Administrations (TESTA) network service with control of access and specific user profiles, solely for the purpose of reporting and statistics, to the authorities referred to in [Article 63 of the EES Regulation], Article 17 of Regulation (EC) No 767/2008, [Article 73 of the ETIAS Regulation] and [Article 54 of the Regulation on SIS in the field of border checks], and for the purpose of the implementation of the analytical tasks by the Agencies referred to in (new) paragraph 2a.
Amendment 710 #
Proposal for a regulation
Article 39 – paragraph 2 a (new)
Article 39 – paragraph 2 a (new)
2a. Europol may access data contained in the CRRS for the performance of its tasks referred to in Article 4 of Regulation (EU) 2016/794.
Amendment 711 #
Proposal for a regulation
Article 39 – paragraph 2 b (new)
Article 39 – paragraph 2 b (new)
2b. The European Border and Coast Guard Agency may access data contained in the CRRS for the performance of its analytical tasks referred to in Article 8 of Regulation (EU)2016/1624.
Amendment 764 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. In order to exercise their rights under Articles 13, 14, 15 and 16 of Regulation (EC) 45/2001 and Articles 15, 16, 17 and 18 of Regulation (EU) 2016/679, any person shall have the right to address him or herself to the Member State responsible for the manual verification of different identities stored in the MID or of any Member State, who shall examine and reply to the request.
Amendment 779 #
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. Where, following an examination, it is found that the data stored in the multiple-identity detector (MID) are factually inaccurate or have been recorded unlawfully, the Member State responsible or, where applicable, the Member State to which the request has been made shall correct or delete these data.
Amendment 795 #
Proposal for a regulation
Article 48 – paragraph 1 a (new)
Article 48 – paragraph 1 a (new)
The prohibition referred to in paragraph 1a of this Article shall not apply to personal data originating from those EU information systems for which the respective legal instruments allow for such a transfer.
Amendment 803 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Member States shall ensure that their supervisory authority has sufficient resources to fulfil the tasks entrusted to it under this Regulation. Member States shall grant the supervisory authority access to their logs when facts justify the assumption of severe data protection breaches without prejudice to constraints imposed by national security interests.
Amendment 964 #
Proposal for a regulation
Article 59 – paragraph 1 a (new)
Article 59 – paragraph 1 a (new)
1 a. Following the period referred to in paragraph 1, the Commission, in close cooperation with the ETIAS Central Unit shall create a network of liaison officers to be hosed in the ETIAS Central Unit and/or single points of contact of the competent Member States’ authorities for the performance of the task laid down in this Article.
Amendment 965 #
Proposal for a regulation
Article 59 – paragraph 1 b (new)
Article 59 – paragraph 1 b (new)
1 b. Member States and the ETIAS Central Unit, shall assess the need to extend the transitional period in which the ETIAS Central Unit performs the tasks referred to in this Article and/or whether the task implemented by the ECU should continue once the MID starts operations.
Amendment 966 #
Proposal for a regulation
Article 59 – paragraph 6
Article 59 – paragraph 6
6. eu-LISAMember States shall assist where necessary the ETIAS Central Unit in carrying out the multiple-identity detection referred to in this Article.
Amendment 1008 #
Proposal for a regulation
Article 68 – paragraph 8 – subparagraph 1 – introductory part
Article 68 – paragraph 8 – subparagraph 1 – introductory part
While respecting the provisions of national law on the publication of sensitive information and the necessary limitations deriving from matters of national security, each Member State and Europol shall prepare annual reports on the effectiveness of access to data stored in the common identity repository for law enforcement purposes, containing information and statistics on: