Activities of Jussi HALLA-AHO related to 2016/0409(COD)
Shadow reports (1)
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Amendments (21)
Amendment 170 #
Proposal for a regulation
Recital 5
Recital 5
(5) The fact that the legislative basis necessary for governing SIS consists of separate instruments does not affect the principle that SIS constitutes one single information system that should operate as such. There should also be a reliable common backup system of the Central SIS (an active-active solution) ensuring continuous availability of SIS data to end- users in the event of a failure, upgrades or maintenance of the central system. Certain provisions of these instruments should therefore be identical.
Amendment 186 #
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should set out the conditions for use of dactylographic data and facial images for identification purposes. The use of facial images for identification purposes in SIS should also help to ensure consistency in border control procedures where the identification and the verification of identity are required by the use of fingerprints and facial images. Searching with dactylographic data should be mandatory if there is any doubt concerning the identity of a person. Facial images for identification purposes should only be used in the context of regular border controls in self-service kiosks and electronic gates.
Amendment 195 #
Proposal for a regulation
Recital 19
Recital 19
(19) FingerprintBiometric identifiers found at a crime scene should be allowed to be checked against the fingerprintsbiometric data stored in SIS if it can be established to a high degree of probability that they belong to the perpetrator of the serious crime or terrorist offence. Serious crime should be the offences listed in Council Framework Decision 2002/584/JHA47 and ‘terrorist offence’ should be offences under national law referred to in Council Framework Decision 2002/475/JHA48 Directive (EU) 2017/541. _________________ 47 Council Framework Decision (2002/584/JHA) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.07.2002, p. 1). 48Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3).
Amendment 201 #
Proposal for a regulation
Recital 20
Recital 20
(20) It should be possible to add a DNA profile in cases where dactylographic data are not available, and which should only be accessible to authorised users. DNA profiles should facilitate the identification of missing persons in need of protection and particularly missing children, including by allowing the use of DNA profiles of parents or siblings to enable identification. DNA data should not contain reference to racial origin.
Amendment 204 #
Proposal for a regulation
Recital 23
Recital 23
(23) SIS should contain alerts on missing persons to ensure their protection or to prevent threats to public security. Issuing an alert in SIS for children at risk of abduction (i.e. in order to prevent a future harm that has not yet taken place as in the case of children who are at risk of parental abduction) should be limited, therefore it is appropriate to provide for strict and appropriate safeguards. In cases of children, these alerts and the corresponding procedures should serve the best interests of the child having regard to Article 24 of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child of 20 November 1989.
Amendment 265 #
(n) ‘terrorist offences’ means offences under national law referred to in Articles 1- 4 of Framework Decision 2002/475/JHA of 13 June 200272 . _________________ 72Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3)Titles II, III and IV of Directive (EU) 2017/541.
Amendment 312 #
Proposal for a regulation
Article 20 – paragraph 3 – point j
Article 20 – paragraph 3 – point j
(j) whether the person concerned is armed, violent, has escaped or is involved in an activity as referred to in Articles 1, 2 , 3Titles II, III and 4IV of Council Framework Decision 2002/475/JHA on combating terrorismDirective (EU) 2017/541;
Amendment 320 #
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3 a. data referred to in paragraph 3 (a - d), (f -i), (q), (s - v) and (z) of any other identification document(s) carried by the person.
Amendment 321 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Before issuing an alert and when extending the validity period of an alert, Member States shall determine whether the case is adequate, relevant and important enoughonditions exist to warrant the entry of an alert in SIS.
Amendment 324 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Where a person or an object is sought by a Member State in relation to an offence that falls under Articles 1 to 4 of Council Framework Decision 2002/475/JHA on combating terrorismTitles II, III or IV of Directive (EU)2017/541, the Member State shall, in all circumstances, create the corresponding alert under either Article 34, 36 or 38 as appropriate.
Amendment 336 #
Proposal for a regulation
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) A DNA profile may only be added to alerts provided for in Article 32(2)(a) and (c) and only where photographs, facial images or dactylographic data suitable for identification are not available. The DNA profiles of persons who are direct ascendants, descendants or siblings of the alert subject may be added to the alert provided that those persons concerned gives explicit consent. The racial origin of the person shall not be included in the DNA profile.
Amendment 343 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. An alert on a person may not be entered without the data referred to in Article 20(3)(a), (g), (k), (m), (n), when such data is available as well as, where applicable, (p), except for in the situations referred to in Article 40.
Amendment 359 #
Proposal for a regulation
Article 32 – paragraph 2 – point c
Article 32 – paragraph 2 – point c
(c) children at risk of abduction in accordance with paragraph 4, genital mutilation or other future harm, including all practices that contravene Article 3, 9, or 10 of the Charter of Fundamental Rights.
Amendment 376 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. An alert on a child referred to in paragraph 2(c)at risk of abduction shall be entered at the request of the competent judicial authority of the Member State that has jurisdiction in matters of parental responsibility in accordance with Council Regulation No 2201/200374 where a concrete and apparent risk exists that the child may be unlawfully and imminently removed from the Member State where that competent judicial authority is situated. In Member States which are party to the Hague Convention of 19 October 1996 on Jurisdiction, Applicable law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children and where Council Regulation No 2201/2003 does not apply, the provisions of the Hague Convention are applicable. _________________ 74 Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).
Amendment 378 #
Proposal for a regulation
Article 32 – paragraph 4 a (new)
Article 32 – paragraph 4 a (new)
4 a. An alert on a child shall be entered where a concrete and apparent risk exists that the child may be removed from the Member State for the purpose of genital mutilation. The assessment whether a missing child is at risk of other future harm shall take into account archaic customs such as child marriages and the possibility that the child be taken to a conflict zone, e g. for the purpose of radicalisation.
Amendment 390 #
Proposal for a regulation
Article 36 – paragraph 2 – introductory part
Article 36 – paragraph 2 – introductory part
2. The alert mayshall be issued for the purposes of prosecuting criminal offences, executing a criminal sentence and for the prevention of threats to public security:
Amendment 416 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
Dactylographic and other biometric data may be entered in SIS, not related to persons who are subject of the alerts. These dactylographic data shall be either complete or incomplete sets of fingerprints or palm printsta shall be discovered at the scenes of crimes under investigation, of serious crime and terrorist offence and where it can be established to a high degree of probability that they belong to the perpetrator of the offence. The dactylographic data in this category shall be stored as “unknown suspect or wanted person” provided that the competent authorities cannot establish the identity of the person by using any other national, European or international database. The Commission shall be empowered to adopt a delegated act establishing rules on the use of biometric data for the purpose of identifying unknown suspects or wanted persons.
Amendment 423 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
In the event of a hit or a potential match with the data stored pursuant to Article 40, the identity of the person shall be established in accordance with national law, together with verification that the dactylographbiometric data stored in SIS belong to the person. Member States shall communicate by using supplementary information in order to facilitate timely investigation of the case.
Amendment 440 #
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. As soon as this becomes technically possible, and while ensuring a high degree of reliability of identification, photographs and facial images may be used to identify a person. Identification based on photographs or facial images shall only be used at regular border crossing points where self-service systems and automated border control systems are in use.
Amendment 485 #
Proposal for a regulation
Article 49 – paragraph 4
Article 49 – paragraph 4
4. Nothing in tThis Aarticle shall be interpreted as affectingis without prejudice to the provisions of Regulation (EU) 2016/1624 concerning data protection and the liability for any unauthorised or incorrect processing of such data by the European Border and Coast Guard Agency.
Amendment 551 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1