31 Amendments of Petr JEŽEK related to 2016/0106(COD)
Amendment 166 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In its communication of 6 April 2016 on 'Stronger and Smarter Information Systems for Borders and Security', the Commission presented a process aimed at achieving the interoperability of information systems in order to improve structurally the Union's data management architecture for border control and security.
Amendment 169 #
Proposal for a regulation
Recital 7
Recital 7
(7) It is necessary to specify the objectives of the Entry/Exit System (EES) and its technical architecture, to lay down rules concerning its operation and use, use and interoperability with other information systems and to define responsibilities for the system, the categories of data to be entered into the system, the purposes for which the data are to be entered, the criteria for their entry, the authorities authorised to access the data and further rules on data processing and the protection of personal data.
Amendment 171 #
Proposal for a regulation
Recital 7
Recital 7
(7) It is necessary to specify the objectives of the Entry/Exit System (EES) and its technical architecture, to lay down rules concerning its operation and use and to define responsibilities for the system, the categories of data to be entered into the system, the purposes for which the data are to be entered, the criteria for their entry, the authorities authorised to access the data and further rules on data processing and, the protection of personal data and the right to privacy.
Amendment 178 #
Proposal for a regulation
Recital 8
Recital 8
(8) The EES should apply to third country nationals admitted for a short stay to the Schengen area or, ultimately, for a stay on the basis of a touring visa. It should also apply to third country nationals whose entry for a short stay has been refused.
Amendment 183 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
Amendment 184 #
Proposal for a regulation
Recital 9
Recital 9
(9) The EES should have the objective of improving the management of external borders, pcrevenating irregular immigration and facilitating the management of migration flows. The EES should, in particular and when relevant, contribute to tha system which will calculate the authorised period of stay of each traveller, reducing waiting times during checks at borders and improving the quality of those checks for third country nationals, ensuring systematic and reliable identification of any persons who does not or no longer fulfils the conditions of duration of stay withhave overstayed, improving European policy on visa liberalisation by means of the analysis of statistics produced by the EES, increasing internal security and fighting the territory of the Member States. errorism and serious crime, providing an aid to the reliable identification of persons and supplying a travel history.
Amendment 202 #
Proposal for a regulation
Recital 12
Recital 12
(12) The EES should consist of a Central System, which will operate a computerised central database of biometric and alphanumeric data, a National Uniform Interface in each Member State, a Secure Communication Channel between the EES Central System and the VIS Central System, between the EES Central System and the Eurodac Central System and between the EES Central System and the ETIAS Central System and the Communication Infrastructure between the Central System and the National Uniform Interfaces. Each Member State should connect its national border infrastructures to the National Uniform Interface. Member States’ national border infrastructures include as a minimum the Schengen Information System, Interpol’s SLTD database, Europol databases and the national databases of law enforcement authorities.
Amendment 210 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Interoperability should be established between the EES and Eurodac by way of a direct communication channel between the Central Systems to allow the automatic transfer from the EES to Eurodac, in accordance with Article 11a, of the data of persons having exceeded the authorised period of stay.
Amendment 212 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
Amendment 213 #
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) Interoperability should be ensured between the EES and the ETIAS information system by means of a direct communication channel between the central systems to enable border authorities using the EES to consult the ETIAS Central System, for the sole purpose of verifying that a visa-exempt third country national has valid travel authorisation as provided for in Regulation (EU) 2017/XXX establishing a European travel information and authorisation system. Interoperability should also enable the ETIAS Central System to access EES data for the purpose of checking, in accordance with Article 18(g) and (h) of Regulation (EU) 2017/XXX, whether a person requesting authorisation to travel is not, and has not been, reported as an overstayer or whether the person has been denied permission to enter the Schengen area.
Amendment 228 #
Proposal for a regulation
Recital 16
Recital 16
(16) In the fight against terrorist offences and other serious criminal offences, it is imperative that law enforcement authorities have the most up- to-date information if they are to perform their tasks. Access to VIS data for law enforcement purpose has already proven its usefulness in identifying people who died violently or for helping investigators to make substantial progress in cases related to human being trafficking, terrorism or drug trafficking. Access to the information contained in the EES is necessary to prevent, detect and investigate terrorist offences as referred to in Council Framework Decision 2002/475/JHA23 or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA24. The data generated by the EES may be used as an identity verification tool both in cases where the third country national has destroyed his/her documents and where law enforcement authorities are investigating a crime through the use of fingerprints or facial image and wish to establish an identity. It may also be used as a criminal intelligence tool to construct evidence by tracking the travel routes of a person suspected of having committed a crime or a victim of crime, and the history of the travel concerned. Therefore, the data in the EES should be available, to the designated authorities of the Member States and the European Police Office ('Europol'), subject to the conditions set out in this Regulation. _________________ 23 Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p. 6). 24 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member State (OJ L 190, 18.7.2002, p. 1)
Amendment 233 #
Proposal for a regulation
Recital 17
Recital 17
(17) Moreover, Europol plays a key role with respect to cooperation between Member States’ authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. Consequently, Europol should, as for the VIS and SIS, also have direct access to the EES within the framework of its tasks and in accordance with Council Decision 2009/371/JHA25. _________________ 25 Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).
Amendment 384 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) a National Uniform Interface (NUI) in each Member State based on common technical specifications and identical for all Member States enabling the connection of the Central System to the national border infrastructures in Member States; Member States’ national border infrastructures shall include as a minimum the Schengen Information System, Interpol’s SLTD database and Europol databases and the national databases of law enforcement authorities;
Amendment 385 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) a Secure Communication Channel between the EES Central System and the Eurodac Central System;
Amendment 386 #
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
Article 6 – paragraph 1 – point c b (new)
(cb) a Secure Communication Channel between the EES Central System and the ETIAS Central System;
Amendment 390 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Interoperability with Eurodac 1. eu-LISA shall establish a Secure Communication Channel between the EES Central System and the Eurodac Central System to enable interoperability between the EES and Eurodac. 2. In accordance with Article 11a, the interoperability requirement shall enable the automated transfer to the Eurodac system of a list generated by the EES and containing the data referred to in Articles 14 and 15 of all persons having exceeded by more than 15 days the permitted length of stay.
Amendment 391 #
Article 7b Interoperability with ETIAS. 1. eu-LISA shall establish a Secure Communication Channel between the EES Central System and the ETIAS Central System to enable interoperability between the EES and ETIAS. Direct consultation between the systems shall only be possible if both this Regulation and Regulation (EU) 2017/XXX (ETIAS) provide for it. 2. The interoperability requirement shall enable border authorities using the EES to consult the ETIAS Central System, in accordance with Article 41 of Regulation (EU) 2017/XXX (ETIAS), for the sole purpose of verifying that a visa exempt third country national has valid travel authorisation as provided for in Regulation 2017/XXX establishing a European travel information and authorisation system.
Amendment 405 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) inform the competent authorities of the authorised length of stay on entry and whether the number of authorised entries of the single or doubmultiple entry visas have been previously used;
Amendment 419 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. In accordance with Article 31, Member States shall be automatically informed three months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures.
Amendment 421 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Automated transfer of data to Eurodac A list generated by the EES on the basis of information retrieved by the mechanism provided for in Article 11, and containing the data referred to in Articles 14 and 15 of all persons having exceeded by more than 15 days the permitted length of stay, shall be automatically forwarded to the Eurodac Central System.
Amendment 493 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
For the sole purpose of identifying any third country national who may have been registered previously in the EES or Eurodac under a different identity or who does not or no longer fulfils the conditions for entry to, for stay or for residence on the territory of the Member States, the competent authorities for carrying out checks at external border crossing points in accordance with Regulation (EU) 2016/399 or within the territory of the Member States as to whether the conditions for entry to, stay or residence on the territory of the Member States are fulfilled shall have access to search with the biometric data of that third country national referred to in Articles 14(1)(f) and 15(1).
Amendment 498 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a Access to data for the purpose of determining the Member State responsible for an asylum application For the sole purpose of determining the Member State responsible for a request for international protection, the competent authority as referred to in Article 35(1) of Regulation (EU) No 604/2013 shall be authorised to make searches in the EES with the aid of the data of that third country national referred to in Article 14(1) and Article 15(1)(a), (b) and (c). If the search performed with the aid of the data referred to in paragraph 1 indicates that the data of that third country national are recorded in the EES, the competent authority of the Member State concerned as referred to in Article 35(1) of Regulation (EU) No 604/2013 shall be authorised to access the data referred to in Article 14(1) and (2)(a) and (b) and Article 15(1)(a), (b) and (c) solely for the purposes referred to in paragraph 1.
Amendment 535 #
Proposal for a regulation
Article 29 – paragraph 2 – point b – paragraph 2
Article 29 – paragraph 2 – point b – paragraph 2
However, that prior search does not have to be conducted where there are reasonable grounds to believe that a comparison with the systems of the other Member States would not lead to the verification of the identity of the data subject or in exceptionally urgent cases where it is necessary to avert an imminent danger arising from a terrorist offence or other serious criminal offence. Those reasonable grounds shall be included in the electronic request for comparison with EES data sent by the designated authority to the central access point(s).
Amendment 555 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. Access to the EES as a criminal identification tool for the purpose of identifying an unknown suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence shall be allowed when the conditions listed in paragraph 1 are met and the consultation, as a matter of priority, of the data stored in the databases which can technically and legally be accessed by Europol has not made it possible to verify the identity of the person concerned. Since fingerprint data of visa-holding third country nationals are only stored in the VIS, a request for consultation of the VIS on the same data subject may be submitted in parallel to a request for consultation of the EES in accordance with the conditions laid down in Decision 2008/633/JHA provided that the consultation, as a matter of priority, of the data stored in the databases which can technically and legally be accessed by Europol has not made it possible to verify the identity of the person concerned.
Amendment 556 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The conditions laid down in Article 29 (23) to (5) shall apply accordingly.
Amendment 573 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. If there is no exit record following the date of expiry of the authorised period of stay, the data shall be stored for a period of five years following the last day of the authorised stay. TIn accordance with the information mechanism provided for in Article 11, the EES shall automatically inform the Member States three months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures.
Amendment 581 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. By way of derogation to paragraphs (2) and (3), the entry/exit record(s) generated by third country nationals in their condition of family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC, shall be stored in the EES for a maximum of one year after the last exit record. If there is no exit record, the data shall be stored for five years from the date of the last entry record.
Amendment 587 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Upon expiry of the retention period referred to in paragraphs 1, 2, 3 and 24 such data shall automatically be erased from the Central System
Amendment 607 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
eu-LISA shall be responsible for the development of the Central System, the National Uniform Interfaces, the Communication Infrastructure and the Secure Communication Channel between the EES Central System and the VIS Central System, between the EES Central System and the Eurodac Central System, and between the EES Central System and the ETIAS Central System. It shall also be responsible for the development of the web service referred to in Article 12 in accordance with the specifications and conditions adopted in accordance with the examination procedure referred to in Article 61(2).
Amendment 610 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
eu-LISA shall define the design of the physical architecture of the system including its Communication Infrastructure as well as the technical specifications and their evolution as regards the Central System, the Uniform Interfaces, the Secure Communication Channel between the EES Central System and the VIS Central System and, between the EES Central System and the Eurodac Central System, and between the EES Central System and the ETIAS Central System, as well as the Communication Infrastructure, which shall be adopted by the Management Board, subject to a favourable opinion of the Commission. eu- LISA shall also implement any necessary adaptations to the VIS deriving from the establishment of interoperability with the EES as well as from the implementation of the amendments to Regulation (EC) No 767/2008 referred to in Article 55.
Amendment 611 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
eu-LISA shall define the design of the physical architecture of the system including its Communication Infrastructure as well as the technical specifications and their evolution as regards the Central System, the Uniform Interfaces, the Secure Communication Channel between the EES Central System and the VIS Central System, between the EES Central System and the Eurodac Central System, and between the EES Central System and the ETIAS Central System, and the Communication Infrastructure, which shall be adopted by the Management Board, subject to a favourable opinion of the Commission. eu- LISA shall also implement any necessary adaptations to the VIS deriving from the establishment of interoperability with the EES as well as from the implementation of the amendments to Regulation (EC) No 767/2008 referred to in Article 55.