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Activities of Péter NIEDERMÜLLER related to 2018/0152(COD)

Plenary speeches (1)

Visa Information System (debate) HU
2016/11/22
Dossiers: 2018/0152(COD)

Amendments (103)

Amendment 158 #
Péter NIEDERMÜLLER
Proposal for a regulation
Recital 3
(3) The Communication of the Commission of 6 April 2016 entitled 'Stronger and Smarter Information Systems for Borders and Security'46 outlined the need for the EU to strengthen and improve its IT systems, data architecture and information exchange in the area of border management, law enforcement and counter-terrorism and emphasised the need to improve the interoperability of IT systems. The Communication also identified a need to address information gaps, including on third country nationals holding a long-stay visa. _________________ 46 COM(2016) 205 final.
2018/11/15
Committee: LIBE
Amendment 159 #
Péter NIEDERMÜLLER
Proposal for a regulation
Recital 5
(5) In Council Conclusions of 9 June 2017 on the way forward to improve information exchange and ensure the interoperability of EU information systems48, the Council acknowledged that new measures might be needed in order to fill the current information gaps for border management and law enforcement, in relation to border crossings by holders of long-stay visas and residence permits. The Council invited the Commission to undertake a feasibility study as a matter of priority for the establishment of a central EU repository containing information on long-stay visas and residence permits. On this basis, the Commission conducted two studies: the first feasibility study49 concluded that developing a repository would be technically feasible and that re- using the VIS structure would be the best technical option, whereas the second study50 conducted an analysis of necessity and proportionality and concluded that it would be necessary and proportionate to extend the score of VIS to include the documents mentioned above. _________________ 48 Council Conclusions on the way forward to improve information exchange and ensure the interoperability of EU information systems (10151/17). 49 ''Integrated Border Management (IBM) – Feasibility Study to include in a repository documents for Long-Stay visas, Residence and Local Border Traffic Permits'' (2017). 50 ''Legal analysis on the necessity and proportionality of extending the scope of the Visa Information System (VIS) to include data on long stay visas and residence documents'' (2018).deleted
2018/11/15
Committee: LIBE
Amendment 161 #
Péter NIEDERMÜLLER
Proposal for a regulation
Recital 6
(6) The Communication of the Commission of 27 September 2017 on the ‘Delivery of the European Agenda on Migration’51 stated that the EU's common visa policy is not only an essential element to facilitate tourism and business, but also a key tool to prevent security risks and risks of irregular migration to the EU. The Communication acknowledged the need to further adapt the common visa policy to current challenges, taking into account new IT solutions and balancing the benefits of facilitated visa travel with improved migration, security and border management. The Communication stated that the VIS legal framework would be revised, with the aim of further improving the visa processing, including on data protection related aspects and controlled access for law enforcement authorities, further expanding the use of the VIS for new categories and uses of data and to make full use of the interoperability instruments. _________________ 51 COM(2017) 558 final, p.15. COM(2017) 558 final, p.15.
2018/11/15
Committee: LIBE
Amendment 162 #
Péter NIEDERMÜLLER
Proposal for a regulation
Recital 8
(8) When adopting Regulation (EC) No 810/2009, it was recognised that the issue of the sufficient reliability for identification and verification purposes of fingerprints of children under the age of 12 and, in particular, how fingerprints evolve with age, would have to be addressed at a later stage, on the basis of the results of a study carried out under the responsibility of the Commission. A study53 carried out in 2013 by the Joint Research Centre concluded that fingerprint recognition of children aged between 6 and 12 years is achievable with a satisfactory level of accuracy under certain conditions. A second study54 confirmed this finding in December 2017 and provided further insight into the effect of aging over fingerprint quality. On this basis, the Commission conducted in 2017 a further study looking into the necessity and proportionality of lowering the fingerprinting age for children in the visa procedure to 6 years. This study55 found that lowering the fingerprinting age would contribute to better achieving the VIS objectives, in particular in relation to the facilitation of the fight against identity fraud, facilitation of checks at external border crossing points, and could bring additional benefits by strengthening the prevention and fight against children's rights abuses, in particular by enabling the identification/verification of identity of third-country national (TCN) children who are found in Schengen territory in a situation where their rights may be or have been violated (e.g. child victims of trafficking in human beings, missing children and unaccompanied minors applying for asylum). _________________ 53 Fingerprint Recognition for Children (2013 - EUR 26193). 54 "Automatic fingerprint recognition: from children to elderly" (2018 – JRC). 55 ''Feasibility and implications of lowering the fingerprinting age for children and on storing a scanned copy of the visa applicant's travel document in the Visa Information System (VIS)'' (2018).deleted
2018/11/15
Committee: LIBE
Amendment 166 #
Péter NIEDERMÜLLER
Proposal for a regulation
Recital 10
(10) The personal data provided by the applicant for a short-stay visa should be processed by the VIS to assess whether the entry of the applicant in the Union could pose a threat to the public security or to public health in the Union and also assess the risk of irregular migration of the applicant. As regards third country nationals who obtained a long stay visa or a residence permit, these checks should be limited to contributing to assess the identity of the document holder, the authenticity and the validity of the long- stay visa or residence permit as well as whether the entry of the third country national in the Union could pose a threat to public security or to public health in the Union. They should not interfere with any decision on long-stay visas or residence permits.
2018/11/15
Committee: LIBE
Amendment 170 #
Péter NIEDERMÜLLER
Proposal for a regulation
Recital 11
(11) The assessement of such risks cannot be carried out without processing the personal data related to the person's identity, travel document, and, as the case may be, sponsor or, if the applicant is minor, identity of the responsible person. Each item of personal data in the applications should be compared with the data present in a record, file or alert registered in an information system (the Schengen Information System (SIS), the Visa Information System (VIS), the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD), the Entry/Exit System (EES), the Eurodac, the ECRIS-TCN system as far as convictions related to terrorist offences or other forms of serious criminal offences are concerned and/or the Interpol Travel Documents Associated with Notices database (Interpol TDAWN)) or against the watchlists, or against specific risk indicators. The categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems, the watchlist or the specific risk indicators.
2018/11/15
Committee: LIBE
Amendment 174 #
Péter NIEDERMÜLLER
Proposal for a regulation
Recital 13
(13) The interoperability between the EU information systems allows systems to supplement each other 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, strengthenstrengthen, harmonise and simplify the data security and data protection safeguards that govern the respective EU information systems, streamline the controlled law enforcement 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].
2018/11/15
Committee: LIBE
Amendment 181 #
Péter NIEDERMÜLLER
Proposal for a regulation
Recital 20
(20) It should be ensured that at least a similar level of checks is applied to applicants for a short-stay visa, or third country nationals who obtained a long stay visa or a residence permit, as for visa free third country nationals. To this end a watchlist is also established with information related to persons who are suspected of having committed an act of serious crime or terrorism, or regarding whom there are factual indications or reasonable grounds to believe that they will commit an act of serious crime or terrorism should be used for verifications in respect of these categories of third country nationals as well.
2018/11/15
Committee: LIBE
Amendment 183 #
Péter NIEDERMÜLLER
Proposal for a regulation
Recital 21
(21) In order to fulfil their obligation under the Convention implementing the Schengen Agreement, international carriers should be able to verify whether or not third country nationals holding a short-stay visa, a long stay visa or a residence permit are in possession of the required valid travel documents. This verification should be made possible through the daily extraction of VIS data into a separate read- only database allowing the extraction of a minimum necessary subset of data to enable a query leading to an ok/not ok answer.
2018/11/15
Committee: LIBE
Amendment 185 #
Péter NIEDERMÜLLER
Proposal for a regulation
Recital 22
(22) This Regulation should define the authorities of the Member States which may be authorised to have access to the VIS to enter, amend, delete or consult data on long stay visas and residence permits for the specific purposes set out in the VIS for this category of documents and their holders, and to the extent necessary for the performance of their tasks.deleted
2018/11/15
Committee: LIBE
Amendment 188 #
Péter NIEDERMÜLLER
Proposal for a regulation
Recital 23
(23) Any processing of VIS data on long stay visas and residence permitvisas should be proportionate to the objectives pursued and necessary for the performance of tasks of the competent authorities. When using the VIS, the competent authorities should ensure that the human dignity and integrity of the person, whose data are requested, are respected and should not discriminate against persons on grounds of sex, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.
2018/11/15
Committee: LIBE
Amendment 190 #
Péter NIEDERMÜLLER
Proposal for a regulation
Recital 23 a (new)
(23a) Biometric data, that in the context of this regulation entails fingerprints and facial images are unique and therefore much more reliable than alphanumeric data for identifying a person. However, biometric data constitute sensitive personal data. This Regulation thus lays down the basis of and the safeguards for processing of such data for the purpose of uniquely identifying the persons concerned.
2018/11/15
Committee: LIBE
Amendment 191 #
Péter NIEDERMÜLLER
Proposal for a regulation
Recital 25
(25) 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 trafficking in human beings, terrorism or drug trafficking. Therefore, the data in the VIS related to long stays should also 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.
2018/11/15
Committee: LIBE
Amendment 193 #
Péter NIEDERMÜLLER
Proposal for a regulation
Recital 28
(28) [Regulation 2018/XX on interoperability] provides the possibility for a Member State police authority which has been so empowered by national legislative measures, to identify a person with the biometric data of that person taken during an identity check. However specific circumstances may exist where identification of a person is necessary in the interest of that person. Such cases include situations where the person was found after having gone missing, been abducted or having been identified as victim of trafficking. In such cases alone, quick access for law enforcement authorities to VIS data to enable a fast and reliable identification of the person, without the need to fulfill all the preconditions and additional safeguards for law enforcement access, should be provided.
2018/11/15
Committee: LIBE
Amendment 195 #
Péter NIEDERMÜLLER
Proposal for a regulation
Recital 29
(29) Comparisons of data on the basis of a latent fingerprint, which is the dactyloscopic trace which may be found at a crime scene, is fundamental in the field of police cooperation. The possibility to compare a latent fingerprint with the fingerprint data which is stored in the VIS in cases where there are reasonable grounds for believing that the perpetrator or victim may be registered in the VIS and after prior search in the relevant national database and under Council Decision 2008/615/JHA should provide the law enforcement authorities of the Member States with a very valuable tool in preventing, detecting or investigating terrorist offences or other serious criminal offences, when for example the only evidence at a crime scene are latent fingerprints.
2018/11/15
Committee: LIBE
Amendment 196 #
Péter NIEDERMÜLLER
Proposal for a regulation
Recital 33
(33) The personal data of holders of long stay documents stored in the VIS should be kept for no longer than is necessary for the purposes of the VIS. It is appropriate to keep the data related to third country nationals for a period of five years in order to enable data to be taken into account for the assessment of short- stay visa applications, to enable detection of overstay after the end of the validity period and in order to conduct security assessments of third country nationals who obtained them. The data on previous uses of a document could facilitate the issuance of future short stay visas. A shorter storage period would not be sufficient for ensuring the stated purposes. The data should be erased after a period of five years, unless there are grounds to erase them earlier.deleted
2018/11/15
Committee: LIBE
Amendment 204 #
Péter NIEDERMÜLLER
Proposal for a regulation
Recital 38
(38) After the final decision in the case of application for international protection is made, Member States should make available relevant personal data processed in the VIS, in accordance with the applicable data protection rules and where required in individual cases for carrying out tasks under Regulation (EU) …/… of the European Parliament and the Council60 ,Union Resettlement Framework Regulation], to the [European Union Asylum Agency] and relevant international bodies such as the United Nations High Commissioner for Refugees, the International Organisation on Migration and to the International Committee of the Red Cross refugee and resettlement operations, in relation to third-country nationals or stateless persons referred by them to Member States in the implementation of Regulation (EU) …/… [the Union Resettlement Framework Regulation]. _________________ 60 Regulation (EU) …/… of the European Parliament and the Council [full title] (OJ L …, …, p. …).
2018/11/15
Committee: LIBE
Amendment 209 #
Péter NIEDERMÜLLER
Proposal for a regulation
Recital 47 a (new)
(47a) As the interoperability components established in Regulation [Interoperability xxxx/xxx, borders and visa] will involve the processing of significant amounts of personal data including from VIS, it is important that persons whose data is processed through those components can effectively exercise their rights as data subjects as laid down in Regulation (EU) 2016/679, Directive (EU) 680/2016 and Regulation (EC) 45/2001. In that regard, in the same way as Member State authorities have been provided with a single portal to carry out searches in Union information systems, the data subjects should be provided with a single web service established in Article 47 of Regulation [Interoperability xxxx/xxx, borders and visa] through which they can exercise their rights to access to and rectification, erasure and restriction of their personal data. eu-LISA shall establish such a web service and host it in its technical site. As eu-LISA is not responsible for the entry of personal data or the verification of identities, any request by a data subject should be transmitted via the web service to either the Member State responsible for the manual verification of different identities or the Member State responsible for the entry of the data into the underlying information systems.
2018/11/15
Committee: LIBE
Amendment 213 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 767/2008
Article 1 – paragraph 1
"This Regulation also lays down procedures for the exchange of information between Member States on long-stay visas and residence permits, including on certain decisions on long- stay visas and residence permits.deleted
2018/11/15
Committee: LIBE
Amendment 222 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – paragraph 1 – point f
(f) to assist in the identification of persons referred to in article 22o of this Regulation who have gone missing;
2018/11/15
Committee: LIBE
Amendment 223 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – paragraph 1 – point h
(h) to contribute to the prevention, detection and investigation of terrorist offences or of other serious criminal offences;deleted
2018/11/15
Committee: LIBE
Amendment 228 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 2 – paragraph 2
2. As regards long stay visas and residence permits, the VIS shall have the purpose of facilitating the exchange of data between Member States on the decisions related thereto, in order to: (a) contributing to the assessment of whether the applicant is considered to pose a threat to public policy, internal security or public health prior to their arrival at the external borders crossing points; (b) border checks and of checks within the territory; (c) detection and investigation of terrorist offences or of other serious criminal offdeleted support a high level of security by enhance the effectivences; (d) persons; (e) Regulation (EU) No 604/2013 and of Directive 2013/32/EU; (f) Schengen Information System (SIS) relas of contributed to the alerts in respect of third country nationals subject to a refusal of entry, persons wanted for arrest or for surrender or extradition purposes, on missing persons, on persons sought to assist with a judicial procedure and on persons for discreet checks or specific checks." * Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31). ** Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60).;prevention, ensure the correct identification of facilitate the application of support the objectives of the
2018/11/15
Committee: LIBE
Amendment 237 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 767/2008
Article 4 – paragraph 1 – point 15
(15) ‘facial image’ means digital image of the face of sufficient image resolution and quality to be used in automated biometric matching;
2018/11/15
Committee: LIBE
Amendment 238 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 767/2008
Article 4 – paragraph 1 – point 17
(17) 'residence permit' means all residence permits issued by the Member States in accordance with the uniform format laid down by Council Regulation (EC) No 1030/2002** and all other documents referred to in Article 2(16)(b) of Regulation (EU) 2016/399;deleted
2018/11/15
Committee: LIBE
Amendment 240 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 767/2008
Article 4 – paragraph 1 – point 18
(18) 'long-stay visa' means an authorisation issued by a Member State as provided for in Article 18 of the Schengen Convention;deleted
2018/11/15
Committee: LIBE
Amendment 243 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 767/2008
Article 5 – paragraph 1 – point a
(a) alphanumeric data on the short stay visa applicant and on visas requested, issued, refused, annulled, revoked or extended referred to in Article 9(1) to (4) and Articles 10 to 14, alphanumeric data on long stay visa and residence permits issued, withdrawn, refused, annulled, revoked or extended referred to in Articles 22c, 22d, 22e and 22f, as well as information regarding the hits referred to in Articles 9a and 22b, and the results of verifications referred to in Article 9c(6);
2018/11/15
Committee: LIBE
Amendment 244 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 767/2008
Article 5 – paragraph 1 – point b
(b) facial images referred to in Article 9(5) and Article 22c(2)(f);
2018/11/15
Committee: LIBE
Amendment 245 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 767/2008
Article 5 – paragraph 1 – point c
(c) fingerprint data referred to in Article 9(6) and Article 22c(2)(g);
2018/11/15
Committee: LIBE
Amendment 246 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 767/2008
Article 5 – paragraph 1 – point d
(d) links to other applications referred to in Article 8(3) and (4) and Article 22a(3)."
2018/11/15
Committee: LIBE
Amendment 248 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 767/2008
Article 5 – paragraph 3
3. The CIR shall contain the data referred to in Article 9(4)(a) to (cc), Article 9(5) and 9(6), Article 22c(2)(a), to (cc), (f) and (g), and Article 22d(a) to (cc), (f) and (g). The remaining VIS data shall be stored in the VIS Central System.
2018/11/15
Committee: LIBE
Amendment 252 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Regulation (EC) No 767/2008
Article 6 – paragraph 2
Access to the VIS for consulting the data shall be reserved exclusively for the duly authorised staff of the national authorities of each Member State and of the EU bodies which are competent for the purposes laid down in Articles 15 to 22, Articles 22c to 22f, Articles 22g to 22j, as well as for the purposes laid down in Articles 20 and 21 of [Regulation 2018/XX on interoperability].
2018/11/15
Committee: LIBE
Amendment 256 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 7 b (new)
Regulation (EC) No 767/2008
Article 7 – paragraph 2
2. Each competent authority shall ensure that in us(7b) Article 7 paragraph 2 is amended as follows: "2. Processing of personal data withing the VIS, it does not by any user shall not result in discriminateion against applicants and visa holders on grounds of sex, racial or ethnic origin, religion or beliefthird-country nationals on the grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation and that it. It shall fully respects the human dignity and the integrity of the applicant or of the visa holder. integrity and fundamental rights, including the right to respect for one’s private life and to the protection of personal data. Particular attention shall be paid to children, the elderly and persons with a disability and persons in need of international protection. The best interests of the child shall be a primary consideration." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02008R0767-20171229)
2018/11/15
Committee: LIBE
Amendment 264 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point d
Regulation (EC) No 767/2008
Article 9 – paragraph 8 – subparagraph 1
The facial image of third country nationals referred to in point 5 of the first paragraph shall have sufficient image resolution and quality to be used in automated biometric matching. If it lacks sufficient quality, the facial image shall not be used for automated matching.
2018/11/15
Committee: LIBE
Amendment 268 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9 a – paragraph 2
2. When an application is created or a visa is issued, the VIS shall check whether the travel document related to that application is recognised in accordance to Decision No 1105/2011/EU, by performing an automatic search against the list of recognised travel documents referred to in Article 5a, and shall return a result in accordance with the end-user’s access rights in the underlying legal bases.
2018/11/15
Committee: LIBE
Amendment 270 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9 a – paragraph 2 a (new)
2a. No automated queries shall be carried out with biometric data of people aged 70 years or over and of children below 13 years when more than five years have passed since their biometric data was collected. When comparisons are made based on such data, specialised dactyloscopic and facial recognition experts will perform the comparison.
2018/11/15
Committee: LIBE
Amendment 272 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9 a – paragraph 3
3. For the purpose of the verifications provided for in Article 21(1) and Article 21(3)(a), (c) and (d) of Regulation (EC) No 810/2009, the VIS shall launch a query by using the European Search Portal defined in Article 6(1) [of the Interoperability Regulation] to compare the relevant data referred to in point (4) of Article 9(4)(a) of this Regulation to the data present in a record, file or alert registered in the VIS, the Schengen Information System (SIS), the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), including the watchlist referred to in Article 29 of Regulation (EU) 2018/XX for the purposes of establishing a European Travel Information and Authorisation System], the Eurodac, [the ECRIS-TCN system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned], the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD) and the Interpol Travel Documents Associated with Notices database (Interpol TDAWN).
2018/11/15
Committee: LIBE
Amendment 273 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9 a – paragraph 3 a (new)
3a. When querying the Interpol data bases, the data used by the user of the ESP to launch a query is not shared with the owners of Interpol data.
2018/11/15
Committee: LIBE
Amendment 274 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9 a – paragraph 5 – introductory part
5. For the purposes of Article 2(1)(k), the queries carried out under paragraph 3 of this Article shall compare the relevant data referred to in Article 15(2) to the data present in the SIS in order to will determine whether the applicant is subject to one of the following alerts:
2018/11/15
Committee: LIBE
Amendment 277 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9 b – paragraph 1
1. As regards third country nationals who are members of the family 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 equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other, the automated checks in Article 9a(3) shall be carried our solely for the purpose of checking that there are no factual indications or reasonable grounds based on factual indications to conclude that the presence of the person on the territory of the Member States poses a risk to security or high epidemic risk in accordance with Directive 2004/38/EC. The automated check shall not unduly and disproportionately affect the issuance of an entry visa.
2018/11/15
Committee: LIBE
Amendment 283 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9 c – paragraph 1
1. Any hit resulting from the queries pursuant to Article 9a(3) shall be manually verified by the central authority of the Member State processing the application in accordance with their access rights established in the underlying legal bases.
2018/11/15
Committee: LIBE
Amendment 285 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9 c – paragraph 5
5. Where the data correspond to or where doubts remain concerning the identity of the applicant, in justified cases the central visa authority processing the application shall inform the central authority of the other Member State(s), which were identified as having entered or supplied the data that triggered the hit pursuant to Article 9a(3). Where one or more Member States were identified as having entered or supplied the data that triggered such hit, the central authority shall consult the central authorities of the other Member State(s) using the procedure set out in Article 16(2).
2018/11/15
Committee: LIBE
Amendment 286 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9 d
Europol shall adapt its information system to ensure that automatic processing of the queries referred to in Article 9a(3) and Article 22b(2) is possible.
2018/11/15
Committee: LIBE
Amendment 293 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EC) No 767/2008
Article 20 a – paragraph 1
1. Fingerprint data stored in the VIS may be used for the purpose of entering an alert on missing persons, in particular children, in accordance with Article 32(2) of Regulation (EU) … of the European Parliament and of the Council* [Regulation (EU) on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters]. In those cases, the exchange of fingerprint data shall take place via secured means to the SIRENE bureau of the Member State owning the data.
2018/11/15
Committee: LIBE
Amendment 294 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 19 a (new)
Regulation (EC) No 767/2008
Article 22 – paragraph 1
(19a) in Article 22, paragraph 1 is amended as follows: 1. For the sole purpose of examining an application for asylum, the competent asylum authorities shall have access in accordance with Article 21 of Regulation (EC) No 343/2003 to search with the fingerprints of the asylum seeker. Where the fingerprints of the asylum seeker cannot be used or the search with the fingerprints fails, the search shall be carried out with the data referred to in Article 9(4)(a) and/or (b) to (cc); this search may be carried out in combination with the data referred to in Article 9(4)(aa).
2018/11/15
Committee: LIBE
Amendment 297 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 767/2008
Article 23 – paragraph 1 – subparagraph 2 – point a
(a) on the expiry date of the visa, the long-stay visa or the residence permit, if a visa, a long-stay visa or a residence permitif a visa has been issued;
2018/11/15
Committee: LIBE
Amendment 298 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 767/2008
Article 23 – paragraph 1 – subparagraph 2 – point b
(b) on the new expiry date of the visa, the long-stay visa or the residence permit, if a visa, a long-stay visa or a residence permitif a visa has been extended;
2018/11/15
Committee: LIBE
Amendment 299 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 767/2008
Article 23 – paragraph 1 – subparagraph 2 – point d
(d) on the date of the decision of the responsible authority if a visa, a long-stay visa or a residence permit has been refused, annulled, shortened, withdrawn or revoked, as applicable.
2018/11/15
Committee: LIBE
Amendment 300 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 767/2008
Article 23 – paragraph 2
2. Upon expiry of the period referred to in paragraph 1, the VIS shall automatically erase the file and the link(s) to this file as referred to in Article 8(3) and (4) and Article 22a22a(3) and (5).;
2018/11/15
Committee: LIBE
Amendment 302 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Regulation (EC) No 767/2008
Article 24 – paragraph 2 – subparagraph 2
Where the inaccurate data refers to links created pursuant to Article 8(3) or (4), and Article 22a(3), the responsible Member State shall make the necessary verifications and provide an answer within 48 hours, and, as the case may be, rectify the link. If no answer is provided within the set timeframe, the requesting Member State shall rectify the link and notify the responsible Member State of the rectification made via VISMail.";
2018/11/15
Committee: LIBE
Amendment 304 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point a
Regulation (EC) No 767/2008
Article 25 – paragraph 1
1. Where, before expiry of the period referred to in Article 23(1), an applicant has acquired the nationality of a Member State, the application files, the files and the links referred to in Article 8(3) and (4), Article 22a(3) relating to him or her shall be erased without delay from the VIS by the Member State which created the respective application file(s) and links.;
2018/11/15
Committee: LIBE
Amendment 306 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 24
Regulation (EC) No 767/2008
Article 26 – paragraph 8 a – subparagraph 2
In such cases, the security measures, access control and logging activities at the testing environment shall be equal to the ones for the VIS production system. Real personal data adopted for testing shall be rendered anonymous in an automated manner such a way that the data- subject is no longer identifiable.;
2018/11/15
Committee: LIBE
Amendment 316 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 26 – point d a (new)
Regulation (EC) No 767/2008
Article 29 – paragraph 2 b (new)
(da) The following paragraph 2b is inserted: "The management authority shall perform technical feasibility tests in order to establish the reliability of biometric matching with facial images ahead of the launch of such functionality."
2018/11/15
Committee: LIBE
Amendment 318 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 767/2008
Article 29 a – paragraph 1 – introductory part
1. Entering data referred to in Articles 9, 22c and 22d into the VIS shall be subject to the following preliminary conditions:
2018/11/15
Committee: LIBE
Amendment 319 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 767/2008
Article 29 a – paragraph 1 – point a
(a) data pursuant to Articles 9, 22c and 22d and Article 6(4)and may only be sent to the VIS following a quality check performed by the responsible national authorities;
2018/11/15
Committee: LIBE
Amendment 320 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 767/2008
Article 29 a – paragraph 1 – point b
(b) data pursuant to Articles 9, 22c and 22d and Article 6(4) will be processed by the VIS, following a quality check performed by the VIS pursuant to paragraph 2.
2018/11/15
Committee: LIBE
Amendment 321 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 767/2008
Article 29 a – paragraph 2 – point a
(a) when creating application files or files of third country nationals in VIS, quality checks shall be performed on the data referred to in Articles 9, 22c and 22d ; should these checks fail to meet the established quality criteria, the responsible authority(ies) shall be automatically notified by the VIS;
2018/11/15
Committee: LIBE
Amendment 322 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 767/2008
Article 29 a – paragraph 2 – point b
(b) the automated procedures pursuant to Article 9(a)(3) and 22b(2) may be triggered by the VIS only following a quality check performed by the VIS pursuant to this Article; should these checks fail to meet the established quality criteria, the responsible authority(ies) shall be automatically notified by the VIS;
2018/11/15
Committee: LIBE
Amendment 327 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 28
Regulation (EC) No 767/2008
Article 31 – paragraph 1
1. Without prejudice toThe data transfer shall comply with the relevant provisions of Union law, in particular Regulation (EU) 2016/679, tincluding its Chapter V. The data referred to in Article 9(4)(a), (b), (c), (k) and (m); 9(6) and 9(7) may be transferred or made available to a third country or to an international organisation listed in the Annex, only if necessary in individual cases for the purpose of proving the identity of third-country nationals, and only for the purpose of return in accordance with Directive 2008/115/ECReturn Regulation [xxx/xxx] or of resettlement in accordance with the Regulation …[Resettlement Framework Regulation], and provided that the Member State which entered the data in the VIS has given its approval, and provided that the third country or international organisation agrees to use the data only for the purpose for which they were provided. No personal data of applicants for international protection shall be shared with their country of origin to prepare their return, as long as no final decision has been taken on their application for international protection.;
2018/11/15
Committee: LIBE
Amendment 329 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 28 a (new)
Regulation (EC) No 767/2008
Article 31 – paragraph 3 a (new)
(28a) in Article 31, the following paragraph 3a is added: "The European Commission and the national supervisory authorities shall cooperate with the data protection authorities of third countries with which VIS data is shared."
2018/11/15
Committee: LIBE
Amendment 330 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 28 b (new)
Regulation (EC) No 767/2008
Article 31 – paragraph 3 b (new)
(28b) in Article 31, the following paragraph 3b is added: "No personal data contained in VIS or retrieved by the automated checks referred to in Article 9a shall be shared with third countries or international organisations for law enforcement purposes."
2018/11/15
Committee: LIBE
Amendment 333 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 29
Regulation (EC) No 767/2008
Article 34 – paragraph 1
1. Each Member State, the European Border and Coast Guard Agency and the Management Authority shall keep logs of all data processing operations within the VIS. These logs shall show the purpose of access referred to in Article 6(1), Article 20a(1), Article 22k(1) and Articles 15 to 22 and 22g to 22j, the date and time, the type of data transmitted as referred to in Articles 9 to 14, the type of data used for interrogation as referred to in Article 15(2), Article 18, Article 19(1), Article 20(1), Article 21(1), Article 22(1), Article 22g, Article 22h, Article 22i, Article 22j, Article 45a, and Article 45d and the name of the authority entering or retrieving the data. In addition, each Member State shall keep logs of the staff duly authorised to enter or retrieve the data.
2018/11/15
Committee: LIBE
Amendment 335 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 30 – point a
Regulation (EC) No 767/2008
Article 37 – paragraph 1 – introductory part
TWithout prejudice to the right to information referred to in Articles 11 and 12 of Regulation (EC) 45/2001, Articles 13 and 14 of Regulation (EU) 2016/679, and Article 13 of Directive 2016/680, third country nationals and the persons referred to in Articles 9(4)(f), 22c(2)(e) or 22d(e) shall be informed of the following by the Member State responsible:;
2018/11/15
Committee: LIBE
Amendment 336 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 30 – point a a (new)
Regulation (EC) No 767/2008
Article 37 – paragraph 1 – point f
(aa) in paragraph 1, point f is amended as follows: "(f) the existence of the right of access to data relating to them, and the right to request that inaccurate data relating to them be corrected or that unlawfully processed data relating to them be deleted, including the right to receive information on the procedures for exercising those rights and the contact details of the N, as laid down in Article 47 of the [Interoperability Regulation, borders and visa], and about the contact details of the European Data Protection Supervisor and of the national Ssupervisory Aauthoritiesy of the Member State responsible for the collection of the data referred to in Article 41(1), which shall hear claims concerning the protection of personal data. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32008R0767)
2018/11/15
Committee: LIBE
Amendment 337 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 30 – point a b (new)
Regulation (EC) No 767/2008
Article 37 – paragraph 1 – subparagraph f a (new)
(ab) in Article 37 (1), the following subparagraph fa is added: “the fact that the VIS may be accessed by the Member States and Europol for law enforcement purposes”
2018/11/15
Committee: LIBE
Amendment 338 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 30 – point b
Regulation (EC) No 767/2008
Article 37 – paragraph 2
2. The information referred to in paragraph 1 shall be provided in writing to the third country national in a concise, intelligible and easily accessible form, and, where applicable, in a transparent form, pursuant to the GDPR and the Police Directive, when the data, the photograph and the fingerprint data as referred to in points (4), (5) and (6) of Article 9, Article 22c(2) and Article 22d (a) to (g) are collected, and where necessary, orally, in a language and manner that the data subject understands or is reasonably presumed to understand. Children must be informed in an age- appropriate manner, using leaflets and/or infographics and/or demonstrations specifically designed to explain the fingerprinting procedure.;
2018/11/15
Committee: LIBE
Amendment 341 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 30 a (new)
Regulation (EC) No 767/2008
Article 38 – paragraph 1
1. Without prejudice to the obligation to provide other information in accordance with(30a) in Article 38, paragraph 1 is amended as follows: "1. Without prejudice to the right to information referred to in Articles 11 and 12 of Regulation (EC) 45/2001, Articles 13 and 14 of Regulation (EU) 2016/679, and Article 12(a)3 of Directive 95/46/EC2016/680, any person shall have the right to obtain communication of the data relating to him recorded in the VIS and of the Member State which transmitted them to the VIS. Such access to data may be granted only by a Member State. Each Member State shall record any requests for such access. The Member State shall reply to such requests without delay and no later than within 30 days of receipt of the request”, in line with Article 12 (3) and (4) of the GDPR.’" Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32008R0767)
2018/11/15
Committee: LIBE
Amendment 342 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 30 b (new)
Regulation (EC) No 767/2008
Article 38 – paragraph 2
(30b) in Article 38, paragraph 2 is amended as follows: "2. Any person may request that data relating to him which are inaccurate be corrected and that data recorded unlawfully be deleted. The correction and deletion shall be carried out without delay by the Member State responsible, in accordance with its laws, regulations and procedures. The correction and deletion shall be carried out without delay and no later than in 30 days of receipt of the request, in line with Article 12 (3) and (4) of the GDPR." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32008R0767)
2018/11/15
Committee: LIBE
Amendment 344 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 31
Regulation (EC) No 767/2008
Article 38 – paragraph 3
3. If the request for access, correction or erasure of personal data, as provided for in paragraph 2 is made to a Member State other than the Member State responsible, the authorities of the Member State with which the request was lodged shall contact the authorities of the Member State responsible in writing within a period of seven days. The Member State responsible shall check the accuracy of the data and the lawfulness of their processing in the VIS within a period of one month.out undue delay and in any event within a period of one month. The persons concerned shall be informed by the Member State which contacted the authority of the Member State responsible that his or her request was forwarded, to whom and about the further procedure.";
2018/11/15
Committee: LIBE
Amendment 346 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 31 d (new)
Regulation (EC) No 767/2008
Article 40 – paragraph 2
(31d) in Article 40, paragraph 2 is amended as follows: "2. The assistance of the National Supervisory Authorities referred to in Article 39(2) and the EDPS shall remain available throughout the proceedings. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32008R0767)
2018/11/15
Committee: LIBE
Amendment 352 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45 a – paragraph 1 – subparagraph 1 – point c
(c) sex, dateyear of birth and current nationality of the applicant, this shall not lead to the identification of the person concerned;
2018/11/15
Committee: LIBE
Amendment 354 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45 a – paragraph 1 – subparagraph 1 – point f
(f) the type of document issued, i.e. whether ATV, uniform or LTV, long stay visa or residence permit;
2018/11/15
Committee: LIBE
Amendment 355 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45 a – paragraph 1 – subparagraph 1 – point h
(h) the grounds indicated for any decision concerning the visa document or the application, only as regards short stay visas; as regards long stay visas and residence permits, the decision concerning the application (whether to issue or to refuse the application and on which ground);
2018/11/15
Committee: LIBE
Amendment 357 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45 a – paragraph 1 – subparagraph 1 – point i
(i) the competent authority, including its locationcountry, which refused the application and the date of the refusal, only as regards short stay visas;
2018/11/15
Committee: LIBE
Amendment 359 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45 a – paragraph 1 – subparagraph 1 – point k
(k) As regards short stay visa, main purpose(s) of the journey; as regards long stay visas and residence permit, the purpose of the application;
2018/11/15
Committee: LIBE
Amendment 360 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45 a – paragraph 1 – subparagraph 1 – point l
(l) the data entered in respect of any visa document withdrawn, annulled, revoked or whose validity is extended, as applicable;
2018/11/15
Committee: LIBE
Amendment 361 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45 a – paragraph 1 – subparagraph 1 – point m
(m) where applicable, the expiry date of the long stay visa or residence permit;deleted
2018/11/15
Committee: LIBE
Amendment 363 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45 a – paragraph 5
5. Every quarter, eu-LISA shall compile statistics based on the VIS dadeleted total onf long-stay visas and residence permits showing, for each location, in particular: (a) issued, refused, extended and withdrawn; (b) for, issued, refused, extended and withdrawn.pplied for, total of residence permits applied
2018/11/15
Committee: LIBE
Amendment 365 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45 b – paragraph 1
1. In order to fulfil their obligation under point (b) of Article 26(1) of the Convention implementing the Schengen Agreement, air carriers, sea carriers and international carriers transporting groups overland by coach shall send a query to the VIS in order to verify whether or not third country nationals holding a short-stay visa, a long stay visa or a residence permit are in possession of a valid short stay visa, long stay visa or residence permit, as applicable. For this purpose, as regards short stay visas, carriers shall provide the data listed under points (a), (b) and (c) of Article 9(4) of this Regulation or under points (a), (b) and (c) of Article 22c, as applicable.
2018/11/15
Committee: LIBE
Amendment 368 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45 b – paragraph 5
5. An authentication scheme, reserved exclusively for carriers, shall be set up in order to allow access to the carrier gateway for the purposes of paragraph 2 to the duly authorised members of the carriers' staff. The authentication scheme shall be adopted by the Commission by means of implementing acts in accordance with the examination procedure referred to in Article 49(2). The carrier gateway shall be designed in a manner to avoid that data entry mistakes are flagged as ‘NOT OK’. The carriers shall provide information to passengers refused boarding due to a ‘NOT OK’ response, indicating also how to exercise their rights referred in Articles 37 and 38.
2018/11/15
Committee: LIBE
Amendment 370 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45 c – paragraph 1
1. Where it is technically impossible to proceed with the consultation query referred to in Article 45b(1), because of a failure of any part of the VIS or for other reasons beyond the carriers' control, including because of the small size of the company, the carriers shall be exempted of the obligation to verify the possession of a valid visa or travel document by using the carrier gateway. Where such failure is detected by the Management Authority, it shall notify the carriers. It shall also notify the carriers when the failure is remedied. Where such failure is detected by the carriers, they may notify the Management Authority.
2018/11/15
Committee: LIBE
Amendment 380 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45 e – paragraph 4
4. In case of doubt or if the verification of the identity of the visa holder, long stay visa holder or residence permit holder fails, the member of the European Border and Coast Guard team shall refer the person to a border guard of the host Member State.
2018/11/15
Committee: LIBE
Amendment 381 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45 e – paragraph 5 – point a
(a) When exercising tasks related to border checks pursuant to Regulation (EU) 2016/399, the members of the teams shall have access to VIS data for verification at external border crossing points in accordance with Articles 18 or 22g of this Regulation respectively;
2018/11/15
Committee: LIBE
Amendment 382 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45 e – paragraph 5 – point b
(b) When verifying whether the conditions for entry to, stay or residence on the territory of the Member States are fulfilled, the members of the teams shall have access to the VIS data for verification within the territory of third country nationals in accordance with Articles 19 or 22h of this Regulation respectively;
2018/11/15
Committee: LIBE
Amendment 387 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EC) No 767/2008
Article 50 – title
Monitoring and evaluation of impact on fundamental rights
2018/11/15
Committee: LIBE
Amendment 388 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EC) No 767/2008
Article 50 – paragraph 1
1. The Management Authority shall ensure that procedures are in place to monitor the functioning of the VIS against objectives relating to output, cost- effectiveness, security and quality of service, as well as to monitor that the right of protection of personal data, the right to non-discrimination, the rights of the child and the right to effective remedy are ensured.
2018/11/15
Committee: LIBE
Amendment 390 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 38
(ca) the number and type of cases in which the urgency procedures referred to in Article 22m(2) were used, including those cases where the urgency was not accepted by the ex post verification carried out by the central access point;
2018/11/15
Committee: LIBE
Amendment 391 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EC) No 767/2008
Article 50 – paragraph 4 – point d a (new)
(da) statistics on child trafficking.
2018/11/15
Committee: LIBE
Amendment 393 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EC) No 767/2008
Article 50 – paragraph 5
5. Every four years ,the Commission shall produce an overall evaluation of the VIS. This overall evaluation shall include an examination of results achieved against objectives and an assessment of the continuing validity of the underlying rationale, and its impact on fundamental rights, the application of this Regulation in respect of the VIS, the security of the VIS, the use made of the provisions referred to in Article 31 and any implications for future operations. The Commission shall transmit the evaluation to the European Parliament and the Council.
2018/11/15
Committee: LIBE
Amendment 395 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Chapter III a
CHAPTER IIIadeleted (The entire Chapter IIIa is deleted.)
2018/11/15
Committee: LIBE
Amendment 418 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 k – paragraph 1
1. Member States shall designate the 1. authorities which are entitled to consult the data stored in the VIS in order to prevent, detect and investigate terrorist offences or other serious criminal offences. The authorities shall only be allowed to consult data of children below 12 to protect missing children and children who are victims of serious crimes.
2018/11/15
Committee: LIBE
Amendment 420 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 k – paragraph 1 a (new)
1a. Designated authorities may access VIS for consultation where all of the following conditions are met: (a) access for consultation is necessary for the purpose of the prevention, detection or investigation of a terrorist offences or another serious criminal offence; (b) access for consultation is necessary and proportionate in a specific case; (c) evidence or reasonable grounds exist to consider that the consultation of the VIS data will contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation.
2018/11/15
Committee: LIBE
Amendment 421 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 k – paragraph 1 b (new)
1b. Access to VIS as a 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 where, in addition to the conditions listed in paragraph 1, the following conditions are met: (a) a prior search has been conducted in national databases; and (b) in the case of searches with fingerprints, a prior search has been launched in the automated fingerprint identification system of the other Member States under Decision 2008/615/JHA where comparisons of fingerprints are technically available, and either that search has been fully carried out, or that search has not been fully carried out within two days of being launched.
2018/11/15
Committee: LIBE
Amendment 425 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 l – paragraph 2 – subparagraph 2
The central access point shall act fully independently when performing its tasks under this Regulation and shall not receive instructions from the Europol designated authority referred to in paragraph 1 as regards the outcome of the verification which it shall perform independently.
2018/11/15
Committee: LIBE
Amendment 434 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 o – paragraph 1
By derogation from Article 22n(1), designated authorities shall not be obliged to fulfil the conditions laid down in that paragraph to access the VIS for the purpose of identification of persons, particularly children who had gone missing, abducted or identified as victims of trafficking in human beings and in respect of whom there are reasonable grounds to consider that consultation of VIS data will support their identification, and/or contribute in investigating specific cases of human trafficking. In such circumstances, the designated authorities may search in the VIS with the fingerprints of those persons.
2018/11/15
Committee: LIBE
Amendment 473 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 5 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 8 – paragraph 3 – point b a
(1) in Article 8(3), the following point (ba) is added: ‘(ba) if the third-country national holds a long stay visa or a residence permit, the thorough checks on entry shall also comprise verification of the identity of the holder of the long-stay visa or residence permit and the authenticity of the long- stay visa or residence permit by consulting the Visa Information System (VIS) in accordance with Article 22g of Regulation (EC) No 767/2008; in circumstances where verification of the document holder or of the document in accordance with Articles 22g of that Regulation, as applicable, fails or where there are doubts as to the identity of the holder, the authenticity of the document and/or the travel document, the duly authorised staff of those competent authorities shall proceed to a verification of the document chip.;’deleted
2018/11/15
Committee: LIBE
Amendment 476 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 7 – paragraph 1 – point 1
Regulation (EU) XXX on interoperability (borders and visa)
Article 13 – paragraph 1 – point b
(1) in Article 13(1), point (b) is replaced by the following: ‘(b) Article 22c(2)(f) and (g) and Article 22d(f) and (g) of Regulation (EC) No 767/2008;’deleted the data referred to in Article 9(6),
2018/11/15
Committee: LIBE
Amendment 477 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 7 – paragraph 1 – point 2
Regulation (EU) XXX on interoperability (borders and visa)
Article 18 – paragraph 1 – point b
(b) the data referred to in Article 9(4)(a), (b) and (c), Article 9 (5) and (6), Article 22c(2)(a) to (cc), (f) and (g), Article 22d(a), (b), (c), (f) and (g) of Regulation (EC) No 767/2008;
2018/11/15
Committee: LIBE
Amendment 478 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 7 – paragraph 1 – point 3
Regulation (EU) XXX on interoperability (borders and visa)
Article 26 – paragraph 1 – point b
(b) competent authorities referred to in Article 6(1) and (2) of Regulation (EC) No 767/2008 when creating or updating an application file or an individual file in the VIS in accordance with Article 8 or Article 22a of Regulation (EC) No 767/2008;;
2018/11/15
Committee: LIBE
Amendment 479 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 7 – paragraph 1 – point 4
Regulation (EU) XXX on interoperability (borders and visa)
Article 27
(4) Article 27 is amended as follows: (a) in paragraph 1, point (b) is replaced by the following: ‘(b) file is created or updated in the VIS in accordance with Article 8, or Article 22a of Regulation (EC) No 767/2008;;’ ‘(b) name(s) (given name(s)); date of birth, sex and nationality(ies) as referred to in Article 9(4)(a), in Article 22c(2)(a) and in Article 22d(a) of Regulation (EC) No 767/2008;;’deleted an application file or an individual surname (family name); first
2018/11/15
Committee: LIBE
Amendment 480 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 7 – paragraph 1 – point 5
Regulation (EU) XXX on interoperability (borders and visa)
Article 29 – paragraph 1 – point b
(b) the competent authorities referred to in Article 6(1) and (2) of Regulation (EC) No 767/2008 for hits that occurred when creating or updating an application file or an individual file in the VIS in accordance with Article 8 or Article 22a of Regulation (EC) No 767/2008;.
2018/11/15
Committee: LIBE
Amendment 481 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 7 – paragraph 1 – point 5 b (new)
Regulation (EU) XXX on interoperability (borders and visa)
Article 47
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 or of any Member State, who shall examine and reply to the request. 2. The Member State responsible for the manual verification of different identities as referred to in Article 29 or the Member State to which the request has been made shall reply to such requests within 45 days of receipt of the request. 3. If a request for correction or erasure 3. of personal data is made to a Member State other than the Member State responsible, the Member State to which the request has been made shall contact the authorities of the Member State responsible within seven days and the Member State responsible shall check the accuracy of the data and the lawfulness of the data processing within 30 days of such contact. 4. Where, following an examination, 4. 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. 5. Where data in the MID is 5. amended by the responsible Member State during its validity period, the responsible Member State shall carry out the processing laid down in Article 27 and, where relevant, Article 29 to determine whether the amended data shall be linked. Where the processing does not report any hit, the responsible Member State or, where applicable, the Member State to which the request has been made shall delete the data from the identity confirmation file. Where the automated processing reports one or several hit(s), the responsible Member State shall create or update the relevant link in accordance with the relevant provisions of this Regulation. 6. Where the responsible Member 6. State or, where applicable, the Member State to which the request has been made does not agree that data stored in the MID are factually inaccurate or have been recorded unlawfully, that Member State shall adopt an administrative decision explaining in writing to the person concerned without delay why it is not prepared to correct or delete data relating to him or her. 7. This decision shall also provide the person concerned with information explaining the possibility to challenge the decision taken in respect of the request referred in paragraph 3 and, where relevant, information on how to bring an action or a complaint before the competent authorities or courts, and any assistance, including from the competent national supervisory authorities. 8. Any request made pursuant to paragraph 3 shall contain the necessary information to identify the person concerned. That information shall be used exclusively to enable the exercise of the rights referred to in paragraph 3 and shall be erased immediately afterwards. 9. The responsible Member State or, where applicable, the Member State to which the request has been made shall keep a record in the form of a written document that a request referred to in paragraph 3 was made and how it was addressed, and shall make that document available to competent data protection national supervisory authorities without delay. (5b) Article 47 is amended as follows: "1. In order to exercise their rights under Articles 13, 14, 15 and 16 of Regulation (EC) 45/2001, Articles 15, 16, 17 and 18 of Regulation (EU) 2016/679, and Articles 14 and 16 of Directive (EU) 2016/680, any person shall have the right to address him or herself to the Member State responsible for the manual verification of different identities or of any Member State, who shall examine and reply to the request. 2. Without prejudice to paragraph 1, and in order to facilitate and better enable the effective exercise of the rights of data subjects as described in paragraph 1 to access, rectify, erase or restrict the processing of their personal data under interoperability components, in particular for those third country nationals who may be outside the territory of the Member States, eu-LISA shall establish a web service, hosted in its technical site, which shall enable data subjects to make a request for access, correction, erasure or rectification of their personal data. The web service shall act as a single point of contact for those third country nationals outside the territory of the Member States. On the basis of such a request, the web service shall immediately transmit the request to the Member State responsible for manual verification of different identities in accordance with Article 29, or, where appropriate, to the Member State responsible for the entry of the data in the underlying information system which is the subject of the request. The Commission shall adopt implementing acts concerning the detailed rules on the conditions for the operation of the web service and the data protection and security rules applicable. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64. The Member State responsible for the manual verification of different identities as referred to in Article 29 or the Member State to which the request has been made, either directly from the data subject in accordance with paragraph 1 or via the web service established by eu.LISA in accordance with paragraph 2, shall reply to such requests at the latest within 14 days of receipt of the request. If a request for correction or erasure of personal data is made to a Member State other than the Member State responsible, the Member State to which the request has been made shall contact the authorities of the Member State responsible within seven days and the Member State responsible shall check the accuracy of the data and the lawfulness of the data processing within 14 days of such contact. The person concerned shall be informed by the Member State which contacted the authority of the Member State responsible that his or her request was forwarded about the further procedure. 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. The person concerned shall be informed that his or her data was corrected or deleted. (...) 7. This decision shall also provide the person concerned with information explaining the possibility to challenge the decision taken in respect of the request referred in paragraphs 1 and 2, and, where relevant, information on how to bring an action or a complaint before the competent authorities or courts, and any assistance, including from the competent national supervisory authorities. 8. Any request made pursuant to paragraphs 1 or 2 shall contain the necessary information to identify the person concerned. That information shall be used exclusively to enable the exercise of the rights referred to in paragraph 1 and shall be erased immediately afterwards. 9. The responsible Member State or, where applicable, the Member State to which the request has been made shall keep a record in the form of a written document that a request referred to in paragraphs 1 and 2 was made and how it was addressed, and shall make that document available to competent data protection national supervisory authorities without delay." Or. en (https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2018:478:FIN)
2018/11/15
Committee: LIBE
Amendment 482 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 7 – paragraph 1 – point 5 c (new)
Regulation (EU) XXX on interoperability (borders and visa)
Article 47a
(5c) the following article 47a is inserted: Article 47a Liability Without prejudice to the right to compensation from, and liability under Regulation (EU) 2016/679, Directive (EU) 2016/680 and Regulation (EC) No 45/2001: (a) any person who has suffered material or non-material damage as a result of an unlawful personal data processing operation through the use of interoperability components or any other act by a Member State which is incompatible with this Regulation shall be entitled to receive compensation from that Member State; (b) any person who has suffered material or non-material damage as a result of an unlawful personal data processing operation through the use of interoperability components or any other act by Europol or by the European Border and Coast Guard Agency which is incompatible with this Regulation shall be entitled to receive compensation from Europol or the European Border and Coast Guard as appropriate. The Member State, Europol or the European Border and Coast Guard Agency shall be exempted from liability, in whole or in part, if they prove that they are not responsible for the event which gave rise to the damage.
2018/11/15
Committee: LIBE
Amendment 483 #
Péter NIEDERMÜLLER
Proposal for a regulation
Article 7 – paragraph 1 – point 5 d (new)
Regulation (EU) XXX on interoperability (borders and visa)
Article 47b
(5d) the following article 47b is inserted: Article 47b Penalties Member States shall ensure that any misuse of data, processing of data or exchange of data contrary to this Regulation is punishable in accordance with national law. The penalties provided shall be effective, proportionate and dissuasive and shall include the possibility for administrative and criminal penalties. Europol and the European Border and Coast Guard Agency shall ensure that members of their staff or members of their teams who misuse, process or exchange data contrary to this Regulation are subject to penalties. Those penalties shall be effective, proportionate and dissuasive.
2018/11/15
Committee: LIBE
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