51 Amendments of Péter NIEDERMÜLLER related to 2016/0408(COD)
Amendment 206 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘alert’ means a set of data, including, where appropriate, biometric identifiers as referred to in Article 22, entered in SIS allowing the competent authorities to identify a person with a view to taking specific action;
Amendment 207 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘alert’ means a set of data, including, where appropriate, biometric identifiers as referred to in Article 22, entered in SIS allowing the competent authorities to identify a person with a view to taking specific action;
Amendment 219 #
Proposal for a regulation
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
(o) ‘serious crime’ means offences listed in Article 2(1) and (2) of Framework Decision 2002/584/JHA of 13 June 200268 ;, where those offences are punishable in the issuing Member State, by a judicial decision executing a custodial sentence or detention order for a maximum period of at least three years _________________ 68 Council Framework Decision (2002/584/JHA) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (0J L 190, 18.07.2002, p. 1).
Amendment 222 #
Proposal for a regulation
Article 3 – paragraph 1 – point p
Article 3 – paragraph 1 – point p
(p) ‘terrorist offences’ means offences under national law referred to in Articles, 1-4 of Framework Decision 2002/475/JHA of 13 June 200269 . _________________ 69 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). 3, 4 and 14 of Directive (E) 2017/54169 . _________________ 69 Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA
Amendment 236 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure, by means of the services provided by CS-SIS, that data stored in the national copy, which will be established voluntarily by the Member State, are, by means of automatic updates referred to in Article 4(4), identical to and consistent with the SIS database, and that a search in its voluntary national copy produces a result equivalent to that of a search in the SIS database. EIn so far as this is possible, end-users shall receive the data required, to perform their tasks, in particular all data requirednd where necessary, all the available data which would allow for the identification of the data subject and to takewhich would allow the required action to be taken.
Amendment 242 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The logs shall show, in particular, the history of the alert, the date and time of the data processing activity, the type of data used to perform a search, a reference to the of type data transmittprocessed and the name of both the competent authority and the person responsible for processing the data.
Amendment 243 #
3. If the search is carried out with dactylographic data or facial image in accordance with Article 22 the logs shall show, in particular, the type of data used to perform a search, a reference to the type data transmittprocessed and the name of both the competent authority and the person responsible for processing the data.
Amendment 244 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The logs may be used only for the purpose referred to in paragraph 1 and shall be deleted at the earliest one year, and at the latest three years,two years after their creation.
Amendment 247 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that each authority entitled to access SIS data takes the measures necessary to comply with this Regulation and cooperates, where necessary, with the national supervisory authority.
Amendment 249 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Before being authorised to process data stored in SIS and periodically after access to SIS data has been granted, the staff of the authorities having a right to access SIS shall receive appropriate training about data-security, data-protection rules and the procedures on data processing as set out in the SIRENE Manual. The staff shall be informed of any relevant criminal offences and penalties laid down in accordance with Article 49a of this regulation.
Amendment 255 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The logs shall show, in particular, the history of the alerts, the date and time of the data transmittprocessed, the type of data used to perform searches, the reference to the type of data transmittprocessed and the name of the competent authority responsible for processing the data.
Amendment 256 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. If the search is carried out with dactylographic data or facial image in accordance with Article 22 and 28 the logs shall show, in particular, the type of data used to perform a search, a reference to the type data transmittprocessed and the name of both the competent authority and the person responsible for processing the data.
Amendment 257 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The logs may only be used for the purposes mentioned in paragraph 1 and shall be deleted at the earliest one year, and at the latest three years,wo years after their creation. The logs which include the history of alerts shall be erased after one to threetwo years after deletion of the alerts.
Amendment 261 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 269 #
Proposal for a regulation
Article 20 – paragraph 2 – point j
Article 20 – paragraph 2 – point j
(j) whether the person concerned is armed, violent, has escaped or is involved in an activity as referred to in Articles 13, 2 , 34, 12 and 14 of Council Framework Decision 2002/475/JHADirective (EU) 2017/541 on combating terrorism;
Amendment 281 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. In the application of Article 24(2) Member States shall, in all circumstances, create such an alert in relation to a third country nationals if theat third country national is a suspect of an offence that falls under Articles 1 – 4 of Council Framework Decision 2002/475/JHA3,4,12 or 14 of Directive (EU) 2017/541 on combating terrorism71 . _________________ 71 Council Framework Decision 2002/475/JHA of 13 JuneDirective (EU) 2017/541 of the European Parliament and of the Council of 15 March 200217 on combating terrorism (OJ L 164, 22.6.2002, p. 3).and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA
Amendment 292 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Where available, allnd provided that the conditions for entering the data have been met, the other data listed in Article 20(2) shall also be entered.
Amendment 297 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Data onf a third-country nationals in respect of whom an alert hasmay been issued for the purposes of refusing entry and stay shallmay be entered in SIS on the basis of a national alert resulting from a decision taken by the competent administrative or judicial authorities in accordance with the rules of procedure laid down by national law taken on the basis of an individual assessment. AThe third country national concerned shall be entitled to appeals against thoseat decisions shall be made in accordance with national law.
Amendment 298 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. An alert shall be entered where the decision referred to in paragraph 1 is based on a threat to public policy or public security or to national security which the presence of the third-country national in question in the territory of a Member State may pose. This situation shallmay arise in particular in the case of:
Amendment 300 #
Proposal for a regulation
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) a third-country national who has been convicted in a Member State of an offence carrying a penalty involving the deprivation of liberty of at least one year; serious crime or terrorist offence
Amendment 305 #
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) a third-country national in respect of whom there are serious grounds for believingis clear evidence to suggest that he has committed a serious crime or in respect of whom there areis clear indicationsevidence of an intention to commit such an offence in the territory of a Member State.
Amendment 317 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. PWhere such data is contained within an alert in the SIS, photographs, facial images andor dactylographic data shall be retrieved from SIS to verify the identity of a person who has been located as a result of an alphanumeric search made in SIS.
Amendment 326 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Dactylographic data stored in SIS in relation to alerts issued under Article 24 may also be searched with complete or incomplete sets of fingerprints or palm prints discovered at the scenes of crimserious crimes or terrorist offences under investigation and where it can be established to a high degree of probability that they belong to the perpetrator of the offence provided that the competent authorities are unable to establish the identity of the person by using any other national, European or international database.
Amendment 328 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 336 #
Proposal for a regulation
Article 29 – paragraph 1 – point d
Article 29 – paragraph 1 – point d
(d) examining the conditions and taking decisions related to the entry and stay of third-country nationals on the territory of the Member States, including on residence permits and long-stay visas, and to the return of third-country nationals; insofar as these authorities do not constitute "determining authorities" as defined in Article 2(f) of Directive 2013/32/EU1a, and where relevant providing advice in accordance with Regulation(EU) 377/20041b; _________________ 1aDirective 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection 1bCouncil Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network
Amendment 343 #
Proposal for a regulation
Article 30 – paragraph 7
Article 30 – paragraph 7
7. Any copies, as referred to in paragraph 6, which lead to off-line databases may be retained for a period not exceeding 48 hours. That period may be extended in an emergency until the emergency comes to an end. EuropolWhere Europol creates an off-line database with SIS data, it shall report any such extensionsa database to the European Data Protection Supervisor.
Amendment 346 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In accordance with Article 40(8) of Regulation (EU) 2016/16241a, the members of the European Border and Coast Guard teams or teams of staff involved in return- related tasks as well as theand members of the migration management support teams shall, within their mandate, have the right to access and search data entered in SIS within their mandate. _________________ 1aREGULATION (EU) 2016/1624 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC
Amendment 347 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Members of the European Border and Coast Guard teams or teams of staff involved in return-related tasks as well as theand members of the migration management support teams shall access and search data entered in SIS in accordance with paragraph 1 via the technical interface set up and maintained by the European Border and Coast Guard Agency as referred to in Article 32(2).
Amendment 348 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Where a search by a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks or by a member of the migration management support teams reveals the existence of an alert in SIS, the issuing Member State shall be informed thereof. In accordance with Article 40 of Regulation (EU) 2016/1624, members of the teams may only act in response to an alert in SIS under instructions from and, as a general rule, in the presence of border guards or staff involved in return-related tasks of the host Member State in which they are operating. The host Member State may authorise members of the teams to act on its behalf.
Amendment 350 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Every instance of access and every search made by a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks or by a member of the migration management support teams shall be logged in accordance with the provisions of Article 12 and every use made by them of data accessed by them shall be registered.
Amendment 351 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Access to data entered in SIS shall be limited to a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks or by a member of the migration management support teams and shall not be extended to any other team member.
Amendment 352 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. TDuly authorised staff of the European Border and Coast Guard Agency shall, for the purpose of analysing the threats that may affect the functioning or security have access to the statistical data contained in the central repository referred to in Article 54(6) for the purpose of carrying out risk analyses and vulnerability assessments as referred to in Articles 11 and 13 of Regulation (EU) 2016/16241a. _________________ 1aREGULATION (EU) 2016/1624 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 September 2016 ofn the external borders, have the right to access and search data entered in SIS, in accordance with Articles 24 and 27.European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC
Amendment 355 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
Amendment 362 #
Proposal for a regulation
Article 32 – paragraph 7
Article 32 – paragraph 7
Amendment 368 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. A Member State issuing an alert shall, within fivthree years of its entry into SIS, review the need to retain it.
Amendment 370 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. IAs soon cases where it becomes clear to staff in the SIRENE Bureau, who are responsible for coordinating and verifying of data quality, that an alert on a person has achieved its purpose and should be deleted from SIS, the staff shall notify the authority which created the alert to bring this issue to the attention of the authority. The authority shall have 30seven calendar days from the receipt of this notification to indicate that the alert has been or shall be deleted or shall state reasons for the retention of the alert. If the 30seven-day period expires without such a reply the alert shall be deleted by the staff of the SIRENE Bureau. SIRENE Bureaux shall report any recurring issues in this area to their national supervisory authority.
Amendment 372 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Alerts on refusal of entry and stay pursuant to Article 24 shall be deleted when the decision on which the alert was entered has been withdrawn by the competent authority, where applicable following the consultation procedure referred to in Article 26 or upon the expiry of the alert in accordance with Article 34.
Amendment 374 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Alerts relating to third-country nationals who are the subject of a restrictive measure as referred to in Article 27 shall be deleted when the measure implementing the travel ban has been terminated, suspended or annulled or upon the expiry of the alert in accordance with Article 34.
Amendment 378 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. Alerts issued in respect of a person who has acquired citizenship of any State whose nationals are beneficiaries of the right of free movement within the Union shall be deleted as soon as the issuing Member State becomes aware, or is informed pursuant to Article 38 that the person in question has acquired such citizenship., or upon the expiry of the alert in accordance with Article 34
Amendment 379 #
Proposal for a regulation
Article 36 – paragraph 3 – subparagraph 1
Article 36 – paragraph 3 – subparagraph 1
Technical copies, as referred to in paragraph 2, which lead to off-line databases may be retained for a period not exceeding 48 hours. That period may be extended in the event of an emergency until the emergency comes to an end.
Amendment 381 #
Proposal for a regulation
Article 36 – paragraph 7
Article 36 – paragraph 7
7. Any use of data which does not comply with paragraphs 1 to 6 shall be considered as misuse under the national law of each Member State. Any misuse of data shall be subject to sanction in accordance with Article 49a.
Amendment 388 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. Where a Member State other than that which issued an alert has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored, it shall, through the exchange of supplementary information, inform the issuing Member State at the earliest opportunity and not later than 10two working days after the said evidence has come to its attention. The issuing Member State shall check the communication and, if necessary, correct or delete the item in question without delay.in seven working days from the notification
Amendment 391 #
4. Where the Member States are unable to reach agreement within twoone months of the time when the evidence first came to light, as described in paragraph 3, the Member State which did not issue the alert shall submit the matter to the European Data Protection Supervisor and the national supervisory authorities concerned for a decision.
Amendment 394 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Not later than 72 hours after having become aware of a security incident, Member States shall notify the Commission, the Agency and the European Data Protection Supervisor of securitynational supervisory authority of that incidents. The Agency shall notify the Commission and the European data Protection Supervisor of security incidents.
Amendment 395 #
Proposal for a regulation
Article 40 – paragraph 4 a (new)
Article 40 – paragraph 4 a (new)
4 a. Where a security incident is caused by the misuse of data, Member States, Europol, Eurojust and the European Border and Coast Guard Agency shall ensure that sanctions may be imposed in accordance with Article 49a.
Amendment 400 #
Proposal for a regulation
Article 42 – paragraph 3 – introductory part
Article 42 – paragraph 3 – introductory part
3. For the purpose of this Article, and subject to the explicit consent of the person whose identity was misused, only the following personal data may be entered and further processed in SIS:
Amendment 404 #
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
5. The data referred to in paragraph 3 shall be deleted as soon as this is requested by the person whose identity was misused or at the same time as the corresponding alert or earlier where the person so requests.
Amendment 412 #
Proposal for a regulation
Article 47 – paragraph 4 a (new)
Article 47 – paragraph 4 a (new)
4 a. Any person has the right to have factually inaccurate data relating to him or her rectified or unlawfully stored data relating to him or her erased
Amendment 419 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Third-country nationals who are the subject of an alert issued in accordance with this Regulation shall be informed in accordance with Articles 103 and 114 of Regulation (EU) 2016/679 or Article 12 and 13 of Directive 95/46/EC(EU) 2016/680. This information shall be provided in writing, together with a copy of or a reference to the national decision giving rise to the alert, as referred to in Article 24(1).
Amendment 420 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
Amendment 426 #
Proposal for a regulation
Article 49 a (new)
Article 49 a (new)
Article 49 a Sanctions Member States shall ensure that any wrongful entry of data into SIS, misuse of data entered into SIS, or exchange of supplementary information contrary to this Regulation is subject to sanctions under national law. Such sanctions shall be effective, proportionate and dissuasive. Europol, Eurojust and the European Border and Coast Guard Agency shall ensure that any misuse of data entered into SIS by their staff or members of their teams accessing SIS under their authority is subject to sanctions which shall be effective, proportionate and dissuasive.