8 Amendments of Miriam DALLI related to 2016/0407(COD)
Amendment 89 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘return decision’ means a return decision as defined in Article 3(4) of Directive 2008/115/EC once, if requested, any appeal with suspensive effect has been exhausted in accordance with Article 13(1) of that Directive or the time period for lodging such appeal has expired, and any period for voluntary departure has passed in accordance with Article 7(1) of that Directive;
Amendment 99 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Data on third-country nationals subject to a return decision issued in accordance with provisions respecting Directive 2008/115/EC and not or no longer subject to any suspensive appeal shall be entered in SIS for the purpose of verifying that the obligation to return has been complied with and for supporting the enforcement of the decision. An alert shall be entered in SIS without delay when the return decision is issued in accordance with provisions respecting Directive 2008/115/EC.
Amendment 110 #
(j) whether the person concerned is armed, violent, has escaped or is involved in an activity as referred to in Articles 13, 24, 312 and 14 of Council Framework Decision 2002/475/JHA on combating terrorismDirective (EU) 2017/541;
Amendment 115 #
Proposal for a regulation
Article 4 – paragraph 1 – point u
Article 4 – paragraph 1 – point u
(u) dactylographicfingerprint data;
Amendment 134 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where a third-country national who is subject of an alert on return is identified by a competent authority and it has been ascertained by the same authority that the obligation to return has not been complied with, that authority shall immediately consult the issuing Member State, which remains responsible for the enforcement of such a decision, through the exchange of supplementary information in order to determine without delay the action to be taken.
Amendment 148 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Without prejudice to Articles 6 and 8, alerts on return shall be deleted whenas soon as the decision upon which the alert was based has been withdrawn or annulled by the competent authority. Alerts on return shall also be deleted whenpromptly once the third-country national concerned can demonstrate that they have left the territory of the Member States in compliance with a return decision issued in accordance with provisions respecting Directive 2008/115/EC.
Amendment 159 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Data processed in SIS and the related supplementary information exchanged pursuant to this Regulation may be transferred or made available to a third- country in accordance with Chapter V of Regulation (EU) 2016/679 with the authorisation of the issuing Member State, only if the following cumulative conditions are satisfied: (a) the data is transferred or made available solely for the purpose of identification of and issuance of an identification or travel document to an illegally staying-third country national in view of returnrregularly staying third-country national in view of return; (b) the third-country national concerned has been informed that his or her personal information will be shared with authorities of a third country. No information regarding the fact that an irregularly staying third-country national has made an application for international protection in a Member State shall be disclosed to the alleged actor(s) of persecution or serious harm in full accordance with Article 30 of Directive 2013/32/EU of the European Parliament and of the Council1a. Transfers of personal data to third countries or international organisations pursuant to paragraph 2 shall not prejudice the right of the third country national as regards non-refoulement. Data processed in SIS and the related supplementary information exchanged pursuant to this Regulation shall not be made available to a third country where the return decision has temporarily been suspended or postponed in accordance with Article 3(3). _______________ 1a 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).
Amendment 167 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)