14 Amendments of Maria GRAPINI related to 2017/0144(COD)
Amendment 49 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union has set itself the objective of offering its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured, in conjunction with appropriate measures to prevent and combat crime and terrorism.
Amendment 54 #
Proposal for a regulation
Recital 4
Recital 4
(4) The ECRIS legal framework, however, does not sufficiently cover the particularities of requests concerning third country nationals. Although it is now possible to exchange information on third country nationals through ECRIS, there is no procedure or mechanism in place to do so efficiently, rapidly and accurately.
Amendment 59 #
Proposal for a regulation
Recital 7
Recital 7
(7) To improve the situation and increase trust among citizens travelling in the EU, a system should be established by which the central authority of a Member State can find out quickly and efficiently in which other Member State(s) criminal record information on a third country national is stored so that the existing ECRIS framework can then be used to request the criminal record information from that Member State or those Member States in accordance with Framework Decision 2009/315/JHA.
Amendment 81 #
Proposal for a regulation
Recital 14
Recital 14
(14) The use of biometrics is necessary as it is the most reliable, accurate and rapid method of identifying third country nationals within the territory of the Member States, who are often not in possession of documents or any other means of identification, as well as for more reliable matching of third country nationals data.
Amendment 106 #
Proposal for a regulation
Recital 24
Recital 24
(24) Rules on the liability of the Member States in respect to damage arising from any breach of this Regulation should be laid down, including for any intentional erroneous data entries or the use of personal data for other purposes.
Amendment 111 #
Proposal for a regulation
Recital 25
Recital 25
(25) Since the objective of this Regulation, namely to enable the rapid and, efficient and accurate as possible exchange of criminal record information on third country nationals, cannot be sufficiently achieved by the Member States, but can rather, by reason of the necessary synergy and interoperability, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective.
Amendment 152 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The convicting Member State shall create the data record as soon as possibleimmediately after the conviction whas been entered into the national criminal records register.
Amendment 190 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If a Member State other than the Member State which entered the data has reason to believe that data recorded in the Central System are inaccurate or that data was processed in the Central System in contravention of this Regulation, it shall contactrefer the matter to the central authority of the convicting Member State without delay. The convicting Member State shall check the accuracy of the data and the lawfulness of its processing within one month and shall then report the findings of those checks.
Amendment 201 #
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) data quality, including a mechanism and procedures to carry out data quality and accuracy checks;
Amendment 226 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Prior to the design and development phase, a Programme Management Board composed of a maximum of ten members shall be established by the Management Board of eu-LISA. . It shall be composed of eight representatives appointed by the Management Board, the Chair of the ECRIS-TCN system Advisory Group referred to in Article 36 and one member appointed by the Commission. The members appointed by the Management Board shall be elected, on the basis of a recommendation from their home Member State, only from those Member States which are fully bound under Union law by the legislative instruments governing the ECRIS and which will participate in the ECRIS-TCN system. The Management Board shall ensure that the representatives it appoints shall have the necessary experience and expertise in the development and management of IT systems supporting judicial and criminal records authorities. The Programme Management Board shall meet at least once every three months, and more often when necessary. It shall ensure the adequate management of the design and development phase of the ECRIS-TCN system. The Programme Management Board shall submit written reports every month to eu-LISA’s Management Board on progress of the project. It shall have no decision-making power nor any mandate to represent the members of the Management Board.
Amendment 246 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Neither Eurojust, Europol, [the European Public Prosecutor's Office] nor any central authority of a Member State mayshall be permitted to transfer or make available to a third country, any international organisation nor a private party, information obtained from the ECRIS-TCN system on previous convictions of a third country national, or information on the Member State(s) which may hold such information.
Amendment 261 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The bodies referred to in paragraph 1 shall ensure that the personal data processed and stored by them under this Regulation is protected in accordance with the applicable data protection provisions.
Amendment 262 #
Proposal for a regulation
Article 17 – paragraph 3 – point f
Article 17 – paragraph 3 – point f
(f) verify and ensure that persons authorised to access the ECRIS-TCN system have access only to the data covered by their access authorisation, by means of individual user identities and confidential access modes only;
Amendment 265 #
Proposal for a regulation
Article 17 – paragraph 3 – point k
Article 17 – paragraph 3 – point k
(k) monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring and supervision to ensure compliance with this Regulation.