BETA

Activities of Bodil VALERO related to 2017/0351(COD)

Plenary speeches (1)

Interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration - Interoperability between EU information systems in the field of borders and visa (debate) SV
2016/11/22
Dossiers: 2017/0351(COD)

Shadow reports (1)

REPORT on the amended proposal for a regulation of the European Parliament and of the Council on establishing a framework for interoperability between EU information systems (borders and visa) and amending Council Decision 2004/512/EC, Regulation (EC) No 767/2008, Council Decision 2008/633/JHA, Regulation (EU) 2016/399, Regulation (EU) 2017/2226, Regulation (EU) 2018/XX [the ETIAS Regulation], Regulation (EU) 2018/XX [the Regulation on SIS in the field of border checks] and Regulation (EU) 2018/XX [the eu-LISA Regulation] PDF (1 MB) DOC (227 KB)
2016/11/22
Committee: LIBE
Dossiers: 2017/0351(COD)
Documents: PDF(1 MB) DOC(227 KB)

Amendments (211)

Amendment 197 #
Proposal for a regulation
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on establishing a framework for interoperability betweenaccessibility of EU information systems (borders and visa) and amending Council Decision 2004/512/EC, Regulation (EC) No 767/2008, Council Decision 2008/633/JHA, Regulation (EU) 2016/399 and Regulation (EU) 2017/2226 {SWD(2017) 473} {SWD(2017) 474} (Horizontal amendment: the change applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2018/07/23
Committee: LIBE
Amendment 200 #
Proposal for a regulation
Recital 5
(5) In its final report of 11 May 201749 , the high-level expert group on information systems and interoperability concluded that it is necessary and technically feasible to work towards practical solutions for interoperability and that they can, in principle, both deliver operational gains and be established in compliance with data protection requirements. In the same final report, the EDPS stated that he was not in a position to endorse all the conclusions referred to by the high-level expert group, citing concerns related to legal bases, data protection and information security. _________________ 49 http://ec.europa.eu/transparency/regexpert/i ndex.cfm?do=groupDetail.groupDetailDoc &id=32600&no=1.
2018/07/23
Committee: LIBE
Amendment 204 #
Proposal for a regulation
Recital 9
(9) With a view to improve the management of the external borders, to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom, security and justice of the Union, including the maintenance of public security and public policy and safeguarding the security in the territories of the Member States, interoperability between EU information systems, namely [the Entry/Exit System (EES)], the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], Eurodac, the Schengen Information System (SIS), and the [European Criminal Records Information System for third-country nationals (ECRIS-TCN)] should be established in order for these EU information systems and their data to supplement each other. To achieve this, a European search portal (ESP), and a shared biometric matching service (shared BMS), a common identity repository (CIR) and a multiple-identity detector (MID) should be established as interoperability components.
2018/07/23
Committee: LIBE
Amendment 209 #
Proposal for a regulation
Recital 10
(10) The interoperability between the EU information systems should allow said systems to supplement each other in order 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, strengthen and simplify the data security and data protection safeguards that govern the respective EU information systems, streamline the 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].
2018/07/23
Committee: LIBE
Amendment 218 #
Proposal for a regulation
Recital 13
(13) The European search portal (ESP) should be established to facilitate technically the abilityccess of Member State authorities and EU bodies to have fast, seamless, efficient, systematic and controlled access, in specific cases and under specific conditions, to the EU information systems, the Europol data and the Interpol databases needed to perform their tasks, in accordance with their access rights, and to support the objectives and purposes of the EES, the VIS, the [ETIAS], Eurodac, the SIS, the [ECRIS- TCN system] and the Europol data. Enabling the simultaneous querying of all relevant EU information systems in parallel, as well as of the Europol data and the Interpol databases, the ESP should act as a single window or ‘message broker’ to search various central systems and retrieve the necessary information seamlessly and in full respect of the access control and data protection requirements of the underlying systems.
2018/07/23
Committee: LIBE
Amendment 222 #
(16) To ensure fast and systematic use of all EU information systems, the European search portal (ESP) should be used to query the common identity repository, the EES, the VIS, [the ETIAS], Eurodac and [the ECRIS-TCN system]. However, the national connection to the different EU information systems should remain in order to provide a technical fall back. The ESP should also be used by Union bodies to query the Central SIS in accordance with their access rights and in order to perform their tasks. The ESP should be an additional means to query the Central SIS, the Europol data and the Interpol systems, complementing the existing dedicated interfaces.
2018/07/23
Committee: LIBE
Amendment 227 #
Proposal for a regulation
Recital 17
(17) Biometric data, such as fingerprints and facial images, are unique and therefore much more reliable than alphanumeric data for identifying a person. The shared biometric matching service (shared BMS) should be a technical tool to reinforce and facilitate the work of the relevant EU information systems and the other interoperability components. The main purpose of the shared BMS should be to facilitate the identification of an individual who may be registered in different databases, by matching their biometric data across different systems and by relying on one unique technological component instead of five different ones in each of the underlying systems. The shared BMS should contribute to security, as well as financial, maintenance and operational benefits by relying on one unique technological component instead of different ones in each of the underlying systems. All automated fingerprint identification systems, including those currently used for Eurodac, the VIS and the SIS, use biometric templates comprised of data derived from a feature extraction of actual biometric samples. The shared BMS should regroup and storeenable the querying of all these biometric templates in one single location, facilitating cross-system comparisons using biometric data and enabling economies of scale in developing and maintaining the EU central systems.
2018/07/23
Committee: LIBE
Amendment 234 #
Proposal for a regulation
Recital 20
(20) The common identity repository (CIR) should therefore facilitate and assist in the correct identification of persons registered in the EES, the VIS, [the ETIAS], Eurodac and [the ECRIS- TCN system].deleted
2018/07/23
Committee: LIBE
Amendment 237 #
Proposal for a regulation
Recital 21
(21) Personal data stored in these EU information systems may relate to the same persons but under different or incomplete identities. Member States dispose of efficient ways to identify their citizens or registered permanent residents in their territory, but the same is not true for third- country nationals. The interoperability between EU information systems should contribute to the correct identification of third-country nationals. The common identity repository (CIR) should store the personal data concerning third-country nationals present in the systems that are necessary to enable the more accurate identification of those individuals, therefore including their identity, travel document and biometric data, regardless of the system in which the data was originally collected. Only the personal data strictly necessary to perform an accurate identity check should be stored in the CIR. The personal data recorded in the CIR should be kept for no longer than is strictly necessary for the purposes of the underlying systems and should be automatically deleted when the data is deleted in the underlying systems in accordance with their logical separation.
2018/07/23
Committee: LIBE
Amendment 241 #
Proposal for a regulation
Recital 22
(22) The new processing operation consisting in the storage of such data in the common identity repository (CIR) instead of the storage in each of the separate systems is necessary to increase the accuracy of the identification that is made possible by the automated comparison and matching of such data. The fact that the identity and biometric data of third-country nationals is stored in the CIR should not hinder in any way the processing of data for the purposes of the EES, the VIS, the ETIAS, Eurodac or the ECRIS-TCN system Regulations, as the CIR should be a new shared component of those underlying systems.deleted
2018/07/23
Committee: LIBE
Amendment 244 #
Proposal for a regulation
Recital 23
(23) In that connection, creating an individual file in the common identity repository (CIR) for each person that is recorded in the EES, the VIS, the ETIAS, Eurodac or the ECRIS-TCN system, is necessary to achieve the purpose of correct identification of third-country nationals within the Schengen area, and to support the multiple-identity detector for the dual purpose of facilitating identity checks for bona fide travellers and combating identity fraud. The individual file should store in one single place and make accessible to the duly authorised end-users all the possible identities linked to a person.deleted
2018/07/23
Committee: LIBE
Amendment 246 #
Proposal for a regulation
Recital 24
(24) The common identity repository (CIR) should thus support the functioning of the multiple-identity detector and to facilitate and streamline access by law enforcement authorities to the EU information systems that are not established exclusively for purposes of prevention, investigation, detection or prosecution of serious crime.deleted
2018/07/23
Committee: LIBE
Amendment 251 #
Proposal for a regulation
Recital 25
(25) The common identity repository (CIR) should provide for a shared container for identity and biometric data of third-country nationals registered in the EES, the VIS, [the ETIAS], Eurodac and the [ECRIS-TCN system], serving as the shared component between these systems for storage of this data, and to allow its querying.deleted
2018/07/23
Committee: LIBE
Amendment 253 #
Proposal for a regulation
Recital 26
(26) All records in the common identity repository (CIR) should be logically separated by automatically tagging each record with the underlying system owning that record. The access control of the CIR should use these tags to allow the record to be accessible or not.deleted
2018/07/23
Committee: LIBE
Amendment 257 #
Proposal for a regulation
Recital 27
(27) In order to ensure the correct identification of a person, Member State authorities competent for preventing and combating irregular migration and competent authorities within the meaning of Article 3(7) of Directive 2016/680 should be allowed to query the common identity repository (CIR) with the biometric data of that person taken during an identity check.deleted
2018/07/23
Committee: LIBE
Amendment 264 #
Proposal for a regulation
Recital 28
(28) Where the biometric data of the person cannot be used or if the query with that data fails, the query should be carried out with identity data of that person in combination with travel document data. Where the query indicates that data on that person are stored in the common identity repository (CIR), Member State authorities should have access to consult the identity data of that person stored in the CIR, without providing any indication as to which EU information system the data belongs to.deleted
2018/07/23
Committee: LIBE
Amendment 266 #
Proposal for a regulation
Recital 29
(29) Member States should adopt national legislative measures designating the authorities competent to perform identity checks with the use of the common identity repository (CIR) and laying down the procedures, conditions and criteria of such checks in line with the principle of proportionality. In particular, the power to collect biometric data during an identity check of a person present before the member of those authorities should be provided for by national legislative measures.deleted
2018/07/23
Committee: LIBE
Amendment 273 #
(31) Full access to the necessary data contained in the EU information systems necessary for the purposes of preventing, detecting and investigating terrorist offences or other serious criminal offences, beyond the relevant identity data covered under common identity repository (CIR) obtained using biometric data of that person taken during an identity check, should continue to be governed by the provisions in the respective legal instruments. The designated law enforcement authorities and Europol do not know in advance which of the EU information systems contains data of the persons they need to inquire upon. This results in delays and inefficiencies in the conduct of their tasks. The end-user authorised by the designated authority should therefore be allowed to see in which of the EU information systems the data corresponding to the query introduced are recorded. The concerned system would thus be flagged following the automated verification of the presence of a hit in the system (a so-called hit-flag functionality).
2018/07/23
Committee: LIBE
Amendment 277 #
Proposal for a regulation
Recital 32
(32) The logs of the queries of the common identity repository should indicate the purpose of the query. Where such a query was performed using the two-step data consultation approach, the logs should include a reference to the national file of the investigation or case, therefore indicating that such query was launched for the purposes of preventing, detecting and investigating terrorist offences or other serious criminal offences.deleted
2018/07/23
Committee: LIBE
Amendment 280 #
Proposal for a regulation
Recital 33
(33) The query of the common identity repository (CIR) by Member State designated authorities and Europol in order to obtain a hit-flag type of response indicating the data is recorded in the EES, the VIS, [the ETIAS] or Eurodac requires automated processing of personal data. A hit-flag would not reveal personal data of the concerned individual other than an indication that some of his or her data are stored in one of the systems. No adverse decision for the concerned individual should be made by the authorised end-user solely on the basis of the simple occurrence of a hit- flag. Access by the end-user of a hit-flag would therefore realise a very limited interference with the right to protection of personal data of the concerned individual, while it would be necessary to allow the designated authority and Europol to address its request for access for personal data more effectively directly to the system that was flagged as containing it.deleted
2018/07/23
Committee: LIBE
Amendment 283 #
Proposal for a regulation
Recital 34
(34) The two-step data consultation approach is particularly valuable in cases where the suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence is unknown. In those cases the common identity repository (CIR) should enable identifying the information system that knows the person in one single search. By creating the obligation to use this new law enforcement access approach in these cases, access to the personal data stored in the EES, the VIS, [the ETIAS] and Eurodac should take place without the requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system of other Member States under Decision 2008/615/JHA. The principle of prior search effectively limits the possibility of Member State’ authorities to consult systems for justified law enforcement purposes and could thereby result in missed opportunities to uncover necessary information. The requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system of other Member States under Decision 2008/615/JHA should only cease to apply once the alternative safeguard of the two-step approach to law enforcement access through the CIR has become operational.deleted
2018/07/23
Committee: LIBE
Amendment 287 #
Proposal for a regulation
Recital 35
(35) The multiple-identity detector (MID) should be established to support the functioning of the common identity repository and to support the objectives of the EES, the VIS, [the ETIAS], Eurodac, the SIS and [the ECRIS-TCN system]. In order to be effective in fulfilling their respective objectives, all of these EU information systems require the accurate identification of the persons whose personal data are stored therein.deleted
2018/07/23
Committee: LIBE
Amendment 292 #
Proposal for a regulation
Recital 37
(37) The multiple-identity detector (MID) should create and store links between data in the different EU information systems in order to detect multiple identities, with the dual purpose of facilitating identity checks for bona fide travellers and combating identity fraud. The MID should only contain the links between individuals present in more than one EU information system, strictly limited to the data necessary to verify that a person is recorded lawfully or unlawfully under different biographical identities in different systems, or to clarify that two persons having similar biographical data may not be the same person. Data processing through the European search portal (ESP) and the shared biometric matching service (shared BMS) in order to link individual files across individual systems should be kept to an absolute minimum and therefore is limited to a multiple-identity detection at the time new data is added to one of the information systems included in the common identity repository and in the SIS. The MID should include safeguards against potential discrimination or unfavourable decisions for persons with multiple lawful identities.deleted
2018/07/23
Committee: LIBE
Amendment 297 #
Proposal for a regulation
Recital 39
(39) The European search portal (ESP) and shared biometric matching service (shared BMS) should compare data in common identity repository (CIR) and SIS on persons when new records are created by a national authority or an EU body. Such comparison should be automated. The CIR and the SIS should use the shared BMS to detect possible links on the basis of biometric data. The CIR and the SIS should use the ESP to detect possible links on the basis of alphanumeric data. The CIR and the SIS should be able to identify identical or similar data on the third-country national stored across several systems. Where such is the case, a link indicating that it is the same person should be established. The CIR and the SIS should be configured in such a way that small transliteration or spelling mistakes are detected in such a way as not to create any unjustified hindrance to the concerned third-country national.deleted
2018/07/23
Committee: LIBE
Amendment 301 #
Proposal for a regulation
Recital 40
(40) The national authority or EU body that recorded the data in the respective EU information system should confirm or change these links. This authority should have access to the data stored in the common identity repository (CIR) or the SIS and in the multiple-identity detector (MID) for the purpose of the manual identity verification.deleted
2018/07/23
Committee: LIBE
Amendment 304 #
Proposal for a regulation
Recital 41
(41) Access to the multiple-identity detector (MID) by Member State authorities and EU bodies having access to at least one EU information system included in the common identity repository (CIR) or to the SIS should be limited to so called red links where the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person, or where the linked data has similar identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person. Where the linked identity data is not similar, a yellow link should be established and a manual verification should take place in order to confirm the link or change its colour accordingly.deleted
2018/07/23
Committee: LIBE
Amendment 306 #
Proposal for a regulation
Recital 42
(42) The manual verification of multiple identities should be ensured by the authority creating or updating the data that triggered a hit resulting in a link with data already stored in another EU information system. The authority responsible for the verification of multiple identities should assess whether there are multiple lawful or unlawful identities. Such assessment should be performed where possible in the presence of the third-country national and where necessary by requesting additional clarifications or information. Such assessment should be performed without delay, in line with legal requirements for the accuracy of information under Union and national law.deleted
2018/07/23
Committee: LIBE
Amendment 308 #
Proposal for a regulation
Recital 43
(43) For the links obtained in relation to the Schengen Information System (SIS) related to the alerts in respect of persons wanted for arrest or for surrender or extradition purposes, on missing or vulnerable persons, on persons sought to assist with a judicial procedure, on persons for discreet checks or specific checks or on unknown wanted persons, the authority responsible for the verification of multiple identities should be the SIRENE Bureau of the Member State that created the alert. Indeed those categories of SIS alerts are sensitive and should not necessarily be shared with the authorities creating or updating the data in one of the other EU information systems. The creation of a link with SIS data should be without prejudice to the actions to be taken in accordance with the [SIS Regulations].deleted
2018/07/23
Committee: LIBE
Amendment 318 #
Proposal for a regulation
Recital 47
(47) A central repositoryFunctionalities for reporting and statistics (CRRS) should be established to generate cross-system statistical data and analytical reporting for policy, operational and data quality purposes. eu-LISA should establish, implement and host the CRRS in its technical sdevelop these functionalities containingto extract anonymous statistical data from the above- mentioned systems, the common identity repository, the multiple-identity detector and the shared biometric matching service. The data contained in the CRRS should not enable the identification of individuals. eu-LISA should render the data anonymous and should record such anonymous data in the CRRSand the shared biometric matching service (shared BMS). eu-LISA should render the data anonymous. The process for rendering the data anonymous should be automated and no direct access by eu-LISA staff should be granted to any personal data stored in the EU information systems or in the interoperability components.
2018/07/23
Committee: LIBE
Amendment 326 #
Proposal for a regulation
Recital 56
(56) As a consequence of this combined application of the rules, the European search portal (ESP) should constitute the main access point for the compulsory systematic consultation of databases for third-country nationals at border crossing points provided for by the Schengen Borders Code. In addition, the identity data that led to the classification of a link in the multiple-identity detector (MID) as a red link should be taken into account by the border guards for assessing whether or not the person fulfils the conditions of entry defined in the Schengen Borders Code. However the presence of a red link should not in itself constitute a ground for refusal of entry and the existing grounds for refusal of entry listed in the Schengen Borders Code should therefore not be amended.
2018/07/23
Committee: LIBE
Amendment 331 #
Proposal for a regulation
Recital 58
(58) However, an amendment of Regulation (EU) 2016/399 would be required in order to add the obligation for the border guard to refer a third-country national to second-line check in case the consultation of the multiple-identity detector (MID) through the European search portal (ESP) would indicate the existence of a yellow link or a red link, in view of not prolonging the waiting time in the first-line checks.deleted
2018/07/23
Committee: LIBE
Amendment 333 #
Proposal for a regulation
Recital 59
(59) Should the query of the multiple- identity detector (MID) through the European search portal (ESP) result in a yellow link or detect a red link, the border guard on second line should consult the common identity repository or the Schengen Information System or both in order to assess the information on the person being checked, to manually verify his/her different identity and to adapt the colour of the link if required.deleted
2018/07/23
Committee: LIBE
Amendment 336 #
Proposal for a regulation
Recital 61
(61) In order to allow competent authorities and the EU bodies to adapt to the new requirements on the use of the European search portal (ESP), it is necessary to provide for a transitional period. Similarly, in order to allow for the coherent and optimal functioning of the multiple-identity detector (MID), transitional measures should be established for the start of its operations.
2018/07/23
Committee: LIBE
Amendment 343 #
Proposal for a regulation
Recital 64
(64) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt detailed rules on: automated data quality control mechanisms, procedures and indicators; development of the UMF standard; procedures for determining cases of similarity of identities; the operation of the central repository for reporting and statistics; and cooperation procedure in case of security incidents. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council63 . _________________ 63 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
2018/07/23
Committee: LIBE
Amendment 345 #
Proposal for a regulation
Recital 65
(65) Regulation 2016/794 shall apply for any processing of Europol data for the purposes of this Regulation.deleted
2018/07/23
Committee: LIBE
Amendment 353 #
Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation, together with [Regulation 2018/xx on interoperaaccessibility police and judicial cooperation, asylum and migration], establishes a framework to ensure the interoperability betweenbetter accessibility of the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], Eurodac, the Schengen Information System (SIS), and [the European Criminal Records Information System for third-country nationals (ECRIS-TCN)] in order for those systems and data to supplement each otherto search for persons in specific cases and under specific conditions based on their identity data or their fingerprint data.
2018/07/23
Committee: LIBE
Amendment 359 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
(c) a common identity repository (CIR);deleted
2018/07/23
Committee: LIBE
Amendment 360 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
(d) a multiple-identity detector (MID).deleted
2018/07/23
Committee: LIBE
Amendment 362 #
Proposal for a regulation
Article 1 – paragraph 3
3. This Regulation also lays down provisions on data quality requirements, on a Universal Message Format (UMF), on a central repository for reporting and statistics (CRRS) and lays down the responsibilities of the Member States and of the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA), with respect to the design, development and operation of the interoperaaccessibility components.
2018/07/23
Committee: LIBE
Amendment 366 #
Proposal for a regulation
Article 1 – paragraph 4
4. This Regulation also adapts the procedures and conditions for Member State law enforcement authorities and for the European Union Agency for Law Enforcement Cooperation (Europol) access in specific cases and under specific conditions to the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS),] and Eurodac for the purposes of the prevention, detection and investigation of terrorist offences or of other serious criminal offences falling under their competence.
2018/07/23
Committee: LIBE
Amendment 370 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
(a) to improve the management ofeffectiveness and efficiency of checks at the external borders;
2018/07/23
Committee: LIBE
Amendment 372 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) to contribute to preventing and combadetecting irregular migration;
2018/07/23
Committee: LIBE
Amendment 373 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) to contribute to a high level of security within the area of freedom, security and justice of the Union including the maintenance of public security and public policy and safeguarding the security in the territories of the Member States;deleted
2018/07/23
Committee: LIBE
Amendment 376 #
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
(ea) to assist Member States law enforcement authorities and Europol in the prevention, detection and investigation of terrorist offences or of other serious criminal offences falling under their competence.
2018/07/23
Committee: LIBE
Amendment 379 #
Proposal for a regulation
Article 2 – paragraph 1 – point e b (new)
(eb) in the event of a natural disaster or an accident, for humanitarian reasons, to assist in the identification of unknown persons who are not able to identify themselves or unidentified human remains.
2018/07/23
Committee: LIBE
Amendment 386 #
Proposal for a regulation
Article 2 – paragraph 2 – point c
(c) improving and harmonising data quality requirements of the respective EU information systems while respecting the data processing requirements of the legal bases of the individual systems, data protection standards and principles;
2018/07/23
Committee: LIBE
Amendment 388 #
Proposal for a regulation
Article 2 – paragraph 2 – point d
(d) facilitating the technical and operational implementacontributing to ensuring the effective use of the Union information systems, Europol data and the Interpol databases by facilitating the access to them in specific cases and under specific conditions by Member States of existing and future EU informationthe authorities in accordance with their access rights and the objectives and purposes as laid down in the legal instruments governing the respective systems;
2018/07/23
Committee: LIBE
Amendment 391 #
Proposal for a regulation
Article 2 – paragraph 2 – point e
(e) strengthening and simplifying and making more uniform the data security and data protection conditions that govern the respective EU information systems without prejudice to the special protection and safeguards afforded to certain categories of data;
2018/07/23
Committee: LIBE
Amendment 396 #
Proposal for a regulation
Article 2 – paragraph 2 – point f
(f) streamlining the conditions for law enforcement access in specific cases to the EES, the VIS, [the ETIAS] and Eurodac;
2018/07/23
Committee: LIBE
Amendment 403 #
Proposal for a regulation
Article 4 – paragraph 1 – point 9
(9) ‘identity data’ means the data referred to in Article 27(3)(a) to (h);deleted
2018/07/23
Committee: LIBE
Amendment 405 #
Proposal for a regulation
Article 4 – paragraph 1 – point 11
(11) ‘facial image’ means digital images of the face;deleted
2018/07/23
Committee: LIBE
Amendment 406 #
Proposal for a regulation
Article 4 – paragraph 1 – point 18
(18) ‘EUnion information systems’ means the large-scale IT systemsEES, VIS, [ETIAS], Eurodac, SIS and [ECRIS-TCN] operationally managed by eu- LISA;
2018/07/23
Committee: LIBE
Amendment 412 #
Proposal for a regulation
Article 4 – paragraph 1 – point 25
(25) ‘terrorist offence’ means an offence under national law which corresponds or is equivalent to one of the offences referred to in Directive (EU) 2017/541;
2018/07/23
Committee: LIBE
Amendment 415 #
Proposal for a regulation
Article 4 – paragraph 1 – point 35
(35) ‘CIR’ means the common identity repository as referred to in Article 17;deleted
2018/07/23
Committee: LIBE
Amendment 417 #
Proposal for a regulation
Article 4 – paragraph 1 – point 36
(36) ‘MID’ means the multiple-identity detector as referred to in Article 25;deleted
2018/07/23
Committee: LIBE
Amendment 419 #
Proposal for a regulation
Article 4 – paragraph 1 – point 37
(37) ‘CRRS’ means the central repository for reporting and statistics as referred to in Article 39.deleted
2018/07/23
Committee: LIBE
Amendment 420 #
Proposal for a regulation
Article 5 – title
Non-discriminationFundamental Rights
2018/07/23
Committee: LIBE
Amendment 424 #
Proposal for a regulation
Article 5 – paragraph 1
This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and shall be applied in accordance with those rights and principles. Processing of personal data for the purposes of this Regulation shall not result in discrimination against persons on any grounds such as sex, racial or ethnice, colour, ethnic or social origin, religion or belief, disability, age or sexual orientation. It shall fully respect human dignity and integrity. Particular attention shall be paid to children, persons in need of international protection, the elderly and persons with a disability.
2018/07/23
Committee: LIBE
Amendment 432 #
Proposal for a regulation
Article 6 – paragraph 1
1. A European search portal (ESP) is established for the purposes of ensuring that Member State authorities and EU bodies have fast, seamless, efficient, systematic and controlled accesfacilitating the access in specific cases and under specific conditions of Member State authorities and of Union agencies to the EUnion information systems, the Europol data and the Interpol databases that they need toin the performance of their tasks and in accordance with their access rights and of supporting the objectives and purposes of the EES, the VIS, [the ETIAS], Eurodac, the SIS, [the ECRIS- TCN system] and the Europol data.
2018/07/23
Committee: LIBE
Amendment 436 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
(c) a secure communication infrastructure between the ESP and the EES, the VIS, [the ETIAS], Eurodac, the Central-SIS, [the ECRIS-TCN system], the Europol data and the Interpol databases as well as between the ESP and the central infrastructures of the common identity repository (CIR) and the multiple-identity detector.
2018/07/23
Committee: LIBE
Amendment 440 #
Proposal for a regulation
Article 7 – paragraph 1
1. The use of the ESP shall be reserved to the Member State authorities and EU bodagencies having access to the EES, [the ETIAS], the VIS, the SIS, Eurodac and [the ECRIS-TCN system], to the CIR and the multiple-identity detector as well as the Europol data and the Interpol databases in accordance with Union or national law governing such access.
2018/07/23
Committee: LIBE
Amendment 442 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
1a. Those Member State authorities and Union agencies may make use of the ESP and the data provided by it only for the objectives and purposes laid down in the legal instruments governing those Union information systems and in this Regulation, and only in specific cases where they have factual indications that a person is registered in one of the systems and the information about this is necessary for solving a specific on-going situation or facilitating a criminal investigation. They shall not use the ESP for systematic checks of large groups of persons.
2018/07/23
Committee: LIBE
Amendment 445 #
Proposal for a regulation
Article 7 – paragraph 2
2. The authorities referred to in paragraph 1 shall use the ESP to search data related to persons or their travel documents in the central systems of the EES, the VIS and [the ETIAS] in accordance with their access rights under Union and national law. They shall also use the ESP to query the CIR in accordance with their access rights under this Regulation for the purposes referred to in Articles 20, 21 and 22.
2018/07/23
Committee: LIBE
Amendment 447 #
Proposal for a regulation
Article 7 – paragraph 4
4. The EU bodagencies shall use the ESP to search data related to persons or their travel documents in the Central SIS.
2018/07/23
Committee: LIBE
Amendment 451 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
(a) the fields of data possibly to be used for querying, including a mandatory field for the specific purpose of the query;
2018/07/23
Committee: LIBE
Amendment 460 #
Proposal for a regulation
Article 9 – paragraph 1
1. The users of the ESP shall launch a query by introducing data in the ESP in accordance with their user profile and access rights. Where a query has been launched, the ESP shall query simultaneously, with the data introduced by the user of the ESP, the EES, [the ETIAS], the VIS, the SIS, Eurodac, [the ECRIS-TCN system] and the CIR as well as the Europol data and the Interpol databases.
2018/07/23
Committee: LIBE
Amendment 462 #
Proposal for a regulation
Article 9 – paragraph 2
2. The fields of data used to launch a query via the ESP shall correspond to the fields of data related to persons or travel documents that may be used to query the various EU information systems, the Europol data and the Interpol databases in accordance with the legal instruments governing them. An additional data field shall require the mandatory entering of the specific purpose of the query. For queries in the context of the prevention, detection or investigation of terrorist offences or other serious criminal offences, the case reference shall be required.
2018/07/23
Committee: LIBE
Amendment 465 #
Proposal for a regulation
Article 9 – paragraph 4
4. The EES, [the ETIAS], the VIS, the SIS, Eurodac, [the ECRIS-TCN system], the CIR and the multiple-identity detector, as well as the Europol data and the Interpol databases, shall provide the data that they contain resulting from the query of the ESP.
2018/07/23
Committee: LIBE
Amendment 468 #
Proposal for a regulation
Article 9 – paragraph 5
5. When querying the Interpol databases, the design of the ESP shall ensure that the data used by the user of the ESP to launch a query is not shared with the owners of Interpol data. Any data from the Interpol databases and originating from a third country shall be marked as such, in order to warn the user about possible misuses of Interpol for political purposes.
2018/07/23
Committee: LIBE
Amendment 472 #
Proposal for a regulation
Article 9 – paragraph 6
6. The reply to the user of the ESP shall be unique and shall contain all the data to which the user has access under Union law. Where necessary, tThe reply provided by the ESP shall indicate to which information system or database the data belongs.
2018/07/23
Committee: LIBE
Amendment 476 #
Proposal for a regulation
Article 10 – paragraph 1 – point c
(c) the EU information systems and the Europol and Interpol databases queried;
2018/07/23
Committee: LIBE
Amendment 478 #
Proposal for a regulation
Article 10 – paragraph 1 – point d a (new)
(da) the specific purpose of the query and, where applicable, the case reference, pursuant to Article 8(2).
2018/07/23
Committee: LIBE
Amendment 481 #
Proposal for a regulation
Article 10 – paragraph 2
2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. Those logs shall be protected by appropriate measures against unauthorised access and erased onfive years after their creation, unless they are required for monitoring procedures that have already begun. The European Data Protection Supervisor shall perform an audit of these logs at least every two years and publish a report about the audit.
2018/07/23
Committee: LIBE
Amendment 486 #
Proposal for a regulation
Article 11 – paragraph 1
1. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the ESP, the users of the ESP shall be notified by eu- LISA.
2018/07/23
Committee: LIBE
Amendment 488 #
Proposal for a regulation
Article 11 – paragraph 2
2. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the national infrastructure in a Member State, that Member State's competent authority shall notify eu-LISA and the Commission.
2018/07/23
Committee: LIBE
Amendment 494 #
Proposal for a regulation
Article 11 – paragraph 3
3. In both scenarios, and until the technical failure is addressed, the obligation referred to in Article 7(2) and (4) shall not apply and Member States may access the information systems referred to in Article 9(1) or the CIR directly using their respective national uniform interfaces or national communication infrastructures.
2018/07/23
Committee: LIBE
Amendment 496 #
Proposal for a regulation
Article 12 – paragraph 1
1. A shared biometric matching service (shared BMS) storing biometric templates and enabling querying with biometric data across several EU information systems is established for the purposes of supporting the CIR and the multiple-identity detector and the objectives of the EES, the VIS, Eurodac, the SIS and [the ECRIS-TCN system].
2018/07/23
Committee: LIBE
Amendment 501 #
Proposal for a regulation
Article 12 – paragraph 2 – point a
(a) a central infrastructure, including a search engine and the storage of the data referred to in Article 13;
2018/07/23
Committee: LIBE
Amendment 502 #
Proposal for a regulation
Article 12 – paragraph 2 – point b
(b) a secure communication infrastructure between the shared BMS, Central-SIS and the CIR and the EES, the VIS, Eurodac, [the ECRIS- TCN system] and the Central-SIS.
2018/07/23
Committee: LIBE
Amendment 507 #
Proposal for a regulation
Article 13 – title
Data storedaccessed by in the shared biometric matching service
2018/07/23
Committee: LIBE
Amendment 508 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. The shared BMS shall store the biometric templates that it shall obtain from, for each query, access the following biometric data:
2018/07/23
Committee: LIBE
Amendment 517 #
Proposal for a regulation
Article 13 – paragraph 2
2. The shared BMS shall include in each biometric template a reference to the information systems in which the corresponding biometric data is stored.deleted
2018/07/23
Committee: LIBE
Amendment 520 #
Proposal for a regulation
Article 13 – paragraph 3
3. BA biometric templates used for a query shall only be entered in the shared BMS search engine following an automated quality check of the biometric data added to one of the information systems performed by the shared BMS to ascertain the fulfilment of a minimum data quality standard.
2018/07/23
Committee: LIBE
Amendment 521 #
Proposal for a regulation
Article 13 – paragraph 4
4. The storage of the data referred to in paragraph 1 shall meet the quality standards referred to in Article 37(2).deleted
2018/07/23
Committee: LIBE
Amendment 523 #
Proposal for a regulation
Article 14 – paragraph 1
In order to search Queries withe biometric data stored within the CIRhall take place in accordance with the purposes provided for in this Regulation and in the SIS, the CIR andEES Regulation, the VIS Regulation, the Eurodac Regulation, the [SIS shall use the biometric templates stored in the shared BMS. Queries with biometric data shall take place in accordance with the purposes provided for in this Regulation and in the EES Regulation, the VIS Regulation, the Eurodac Regulation, the [SIS Regulations] and [the ECRIS-TCN Regulation]. Regulations]and [the ECRIS-TCN Regulation]. Member State authorities and Union agencies may make use of the shared BMS and the data provided by it only for the objectives and purposes laid down in the legal instruments governing those Union information systems and in this Regulation, and only in specific cases where they have factual indications that a person is registered in one of the systems and the information about this is necessary for solving a specific on-going situation or facilitating a criminal investigation. They shall not use the shared BMS for systematic checks of large groups of persons. Any query of the shared BMS shall require the mandatory entering of the specific purpose of the query. For queries in the context of the prevention, detection or investigation of terrorist offences or other serious criminal offences, the case reference shall be required.
2018/07/23
Committee: LIBE
Amendment 525 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
1a. Where a police authority has been so empowered by national legislative measures, it may, for the purpose of identifying unknown persons who are not able to identify themselves or unidentified human remains, in the event of a natural disaster or an accident, query the shared BMS with the biometric data of those persons. Member States wishing to avail themselves of this possibility shall adopt national legislative measures laying down the procedures, conditions and criteria.
2018/07/23
Committee: LIBE
Amendment 526 #
Proposal for a regulation
Article 15
Data retention in the shared biometric The data referred to in Article 13 shall be stored in the shared BMS for as long as the corresponding biometric data is stored in the CIR or the SIS.Article 15 deleted matching service
2018/07/23
Committee: LIBE
Amendment 530 #
Proposal for a regulation
Article 16 – paragraph 1 – point a
(a) the history related to the creation and storage ofquery with biometric templates;
2018/07/23
Committee: LIBE
Amendment 532 #
Proposal for a regulation
Article 16 – paragraph 1 – point b
(b) a reference to the EU information systems queried with the biometric templates stoentered into the shared BMS;
2018/07/23
Committee: LIBE
Amendment 535 #
Proposal for a regulation
Article 16 – paragraph 1 – point g a (new)
(ga) the specific purpose of the query and, where applicable, the case reference, pursuant to Article 14.
2018/07/23
Committee: LIBE
Amendment 536 #
Proposal for a regulation
Article 16 – paragraph 2
2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. Those logs shall be made available to the competent supervisory authority on request. They shall be protected by appropriate measures against unauthorised access and erased onfive years after their creation, unless they are required for monitoring procedures that have already begun. The logs referred to in paragraph 1(a) shall be erased once the data is erasedEuropean Data Protection Supervisor shall perform an audit of these logs at least every two years and publish a report about the audit.
2018/07/23
Committee: LIBE
Amendment 542 #
Proposal for a regulation
Article 17
Common identity repository 1. (CIR), creating an individual file for each person that is recorded in the EES, the VIS, [the ETIAS], Eurodac or [the ECRIS-TCN system] containing the data referred to in Article 18, is established for the purpose of facilitating and assisting the correct identification of persons registered in the EES, the VIS, [the ETIAS], the Eurodac and [the ECRIS- TCN system], of supporting the functioning of the multiple-identity detector and of facilitating and streamlining access by law enforcement authorities to non-law enforcement information systems at EU level, where necessary for the prevention, investigation, detection or prosecution of serious crime. 2. The CIR shall be composed of: (a) replace the central systems of respectively the EES, the VIS, [the ETIAS], Eurodac and [the ECRIS-TCN system] to the extent that it shall store the data referred to in Article 18; (b) a secure communication channel between the CIR, Member States and EU bodies that are entitled to use the European search portal (ESP) in accordance with Union law; (c) infrastructure between the CIR and the EES, [the ETIAS], the VIS, Eurodac and [the ECRIS-TCN system] as well as with the central infrastructures of the ESP, the shared BMS and the multiple-identity detector. 3. ensure its technical management.Article 17 deleted A common identity repository a central infrastructure that shall a secure communication eu-LISA shall develop the CIR and
2018/07/23
Committee: LIBE
Amendment 548 #
Proposal for a regulation
Article 18
1. data – logically separated – according to the information system from which the data was originated: (a) 16(1)(a) to (d) and Article 17(1)(a) to (c) of the EES Regulation]; (b) 9(4)(a) to (c), (5) and (6) of Regulation (EC) No 767/2008; (c) 15(2)(a) to (e) of the [ETIAS Regulation;] (d) (e) 2. paragraph 1, the CIR shall include a reference to the information systems to which the data belongs. 3. in paragraph 1 shall meet the quality standards referred to in Article 37(2).Article 18 deleted The common identity repository data The CIR shall store the following the data referred to in [Article the data referred to in Article [the data referred to in Article – (not applicable) – (not applicable) For each set of data referred to in The storage of the data referred to
2018/07/23
Committee: LIBE
Amendment 553 #
Proposal for a regulation
Article 19
Adding, amending and deleting data in the common identity repository 1. deleted in the EES, the VIS and [the ETIAS], the data referred to in Article 18 stored in the individual file of the CIR shall be added, amended or deleted accordingly in an automated manner. 2. Where the multiple-identity detector creates a white or red link in accordance with Articles 32 and 33 between the data of two or more of the EU information systems constituting the CIR, instead of creating a new individual file, the CIR shall add the new data to the individual file of the linked data.rticle 19 deleted Where data is added, amended or
2018/07/23
Committee: LIBE
Amendment 555 #
Proposal for a regulation
Article 20
Access to the common identity repository 1. authority has been so empowered by national legislative measures as referred to in paragraph 2, it may, solely for the purpose of identifying a person, query the CIR with the biometric data of that person taken during an identity check. Where the query indicates that data on that person is stored in the CIR, the Member States authority shall have access to consult the data referred to in ArtArticle 20 deleted for identification Where a Member State policle 18(1). Where the biometric data of the person cannot be used or where the query with that data fails, the query shall be carried out with identity data of the person in combination with travel document data, or with the identity data provided by that person. 2. themselves of the possibility provided for in this Article shall adopt national legislative measures. Such legislative measures shall specify the precise purposes of identity checks within the purposes referred to in Article 2(1)(b) and (c). They shall designate the police authorities competent and lay down the procedures, conditions and criteria of such checks.Member States wishing to avail
2018/07/23
Committee: LIBE
Amendment 570 #
Proposal for a regulation
Article 21
Access to the common identity repository for the detection of multiple identities 1. in a yellow link in accordance with Article 28(4), the authority responsible for the verification of different identities determined in accordance with Article 29 shall have access, solely for the purpose of that verification, to the identity data stored in the CIR belonging to the various information systems connected to a yellow link. 2. in a red link in accordance with Article 32, the authorities referred to in Article 26(2) shall have access, solely for the purposes of fighting identity fraud, to the identity data stored in the CIR belonging to the various information systems connected to a red link.rticle 21 deleted Where a query of the CIR results Where a query of the CIR results
2018/07/23
Committee: LIBE
Amendment 577 #
Proposal for a regulation
Article 22
Querying the common identity repository for law enforcement purposes 1. detecting and investigating terrorist offences or other serious criminal offences in a specific case and in order to obtain information on whether data on a specific person is present in the EES, the VIS and [the ETIAS] or the Member State designated authorities and Europol may consult the CIR. 2. authorities and Europol shall not be entitled to consult data belonging to [the ECRIS-TCN] when consulting the CIR for the purposes listed in paragraph 1. 3. indicates data on that person isArticle 22 deleted For the purposes of presvent in the EES, the VIS and [the ETIAS] the CIR shall provide tog, Member States' designated authorities and Europol a reply in the form of a reference indicating which of the information systems contains matching data referred to in Article 18(2). The CIR shall reply in such a way that the security of the data is not compromised. 4. in the EU information systems for the purposes of preventing, detecting and investigating terrorist offences or other serious criminal offences remains subject to the conditions and procedures laid down in the respective legislative instruments governing such access.Where, in reply to a query the CIR Full access to the data contained
2018/07/23
Committee: LIBE
Amendment 587 #
Proposal for a regulation
Article 23
Data retention in the common identity 1. 18(1) and (2) shall be deleted from the CIR in accordance with the data retention provisions of [the EES Regulation], the VIS Regulation and [the ETIAS Regulation] respectively. 2. in the CIR for as long as the corresponding data is stored in at least one of the information systems whose data is contained in the CIR. The creation of a link shall not affect the retention period of each item of the linked data.Article 23 deleted repository The data referred to in Article The individual file shall be stored
2018/07/23
Committee: LIBE
Amendment 593 #
Proposal for a regulation
Article 24
[...]deleted
2018/07/23
Committee: LIBE
Amendment 604 #
Proposal for a regulation
Article 25
1. creating and storing links between data in the EU information systems included in the common identity repository (CIR) and the SIS and as a consequence detecting mArticle 25 deleted Multiple -identities, with the dual purpose of facilitating identity checks and combating identity fraud, is established for the purpose of supporting the functioning of the CIR and the objectives of the EES, the VIS, the ETIAS], Eurodac, the SIS and [the ECRIS-TCN system]. 2. (a) links and references to information systems; (b) infrastructure to connect the MID with the SIS and the central infrastructures of the European search portal and the CIR. 3. and ensure its technical management.y detector A multiple-identity detector (MID) The MID shall be composed of: a central infrastructure, storing a secure communication eu-LISA shall develop the MID
2018/07/23
Committee: LIBE
Amendment 612 #
Proposal for a regulation
Article 26
Access to the multiple-identity detector 1. identity verification referred to in Article 29, access to the data referred to in Article 34 stored in the MID shall be granted to: (a) or updating an individual file as provided for in Article 14 of the [EES Regulation]; (b) in Article 6(1) and (2) of Regulation 767/2008 when creating or updating an application file in the VIS in accordance with Article 8 of Regulation (EC) No 767/2008; (c) [the ETIAS Central Unit and the ETIAS National Units when carrying out the assessment referred to in Articles 20 and 22 of the ETIAS Regulation;] (d) (e) Member State creating a [SIS alert in accordance with the Regulation on SIS in the field of border checks]; (f) 2. bodies having access to at least one EU information system included in the common identity repository or to the SIS shall have access to the data referred to in Article 34(a) and (b) regarding any red links as referred to in Article 32.rticle 26 deleted For the purposes of the manual border authorities when creating competent authorities referred to – (not applicable); the SIRENE Bureaux of the – (not applicable). Member State authorities and EU
2018/07/23
Committee: LIBE
Amendment 617 #
Proposal for a regulation
Article 27
1. common identity repository and the SIS shall be launched where: (a) updated in [the EES in accordance with Article 14 of the EES RegArticle 27 deleted Mulation]; (b) updated in the VIS in accordance with Article 8 of Regulation (EC) No 767/2008; (c) updated in the ETIAS in accordance with Article 17 of the ETIAS Regple-identity detection A mulation;] (d) (e) updated in the SIS in accordance with Chapter V of the Regulation on SIS in the field of border checks]; (f) 2. an information system as referred to in paragraph 1 contains biometric data, the common identity repository (CIR) and the Central-SIS shall use the shared biometric matching service (shared BMS) in order to perform the multiple-identity detection. The shared BMS shall compare the biometric templple-identity detection in the an individual file is created or an application file is created or [an application file is createsd obtained from any new biometric data to the biometric templates already contained in the shared BMS in order to verify whether or not data belonging to the same third-country nationalr – (not applicable); [an alert on a person is alcready stored in the CIR or in the Central SIS. 3. to in paragraph 2, the CIR and the Central-SIS shall use the European search portal to search the data stored in the CIR and the Central-SIS using the following data: (a) name(s) (given name(s)); date of birth, sex and nationality(ies) as referred to in Article 16(1)(a) of the [EES Regulation]; (b) name(s) (given name(s)); date of birth, sex and nationality(ies) as referred to in Article 9(4)(a) of Regulation (EC) No 767/2008; (c) name(s) (given name(s)); surname at birth; date of birth, place of birth, sex and nationality(ies) as referred to in Article 15(2) of the ETIAS Regulation;] (d) (e) name(s) at birth, previously used names and aliases; date of birth, place of birth, nationality(ies) and sex as referred to in Article 20(2) of the Regulation on SIS in the field of border checks; ] (f) (g) (h) 4. shall only be launched in order to compare data available in one information system wted or – (not applicable). Where the data contained within In addition to the process referred surname (family name); first surname (family name); first [surname (family name); first – (not applicable); [surname(s); forename(s); – (not applicable); – (not applicable); – (not applicable). The multiple-identithy data available in other information systems.etection
2018/07/23
Committee: LIBE
Amendment 631 #
Proposal for a regulation
Article 28
Results of the multiple-identity detection 1. Article 27(2) and (3) do not report any hit, the procedures referred to in Article 27(1) shall continue in accordance with tArticle 28 deleted Whe respective Regulations governing them. THIS PARAGRAPH IS MISSING. THANK YOU FOR USING ANOTHER LANGUAGE. 2. Article 27(2) and (3) reports one or several hit(s), the common identity repository and, where relevant, the SIS shall create a link between the data used to launch the query and the data triggering the hit. Where several hits are reported, a link shall be created between all data triggering the hit. Where data was already linked, the existing link shall be extended to the data used to launch the query. 3. Article 27(2) or (3) reports one or several hit(s) and the identity data of the linked files is identical or similar, a white link shall be created in accordance with Article 33. 4. Article 27(2) or (3) reports one or several hit(s) and the identity data of the linked files cannot be considered as similar, a yellow link shall be created in accordance with Article 30 and the procedure referred to in Article 29 shall apply. 5. the procedures to determine the cases where identity data can be considered as identical or similar in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2). 6. identity confirmation file the queries referred to in Where the query laid down in Where the query referred to in Where the query referred to in Article 34. The Commission shall lay down the technical rules for linking data from different information systems by implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2).The links shall be stored in the
2018/07/23
Committee: LIBE
Amendment 637 #
Proposal for a regulation
Article 29
[...]deleted
2018/07/23
Committee: LIBE
Amendment 654 #
Proposal for a regulation
Article 30
1. more information systems shall be classified as yArticle 30 deleted Yellow lin any of the following cases: (a) biometric but different identity data and no manual verification of different identity has taken place; (b) identity data and no manual verification of different identity has taken place. 2. in accordance with paragraph 1, the procedure laid down in Article 29 applies.k A link between data from two or the linked data shares the same the linked data has different Where a link is classified as yellow
2018/07/23
Committee: LIBE
Amendment 656 #
Proposal for a regulation
Article 31
1. more information systems shall be classified as green where the linked data do not share the same biometric but have similar identity data and the authority responsible for the verification of different identities concluded it refers to two different persons. 2. repository (CIR) or the SIS are queried and where a green link exists between two or more of the information systems constituting the CIR or with the SIS, the multiple-identity detector shall indicate that the identity data of the linked data does not correspond to the same person. The queried information system shall reply indicating only the data of the person whose data was used for the query, without triggering a hit against the data that is subject to the green link.Article 31 deleted Green link A link between data from two or Where the common identity
2018/07/23
Committee: LIBE
Amendment 660 #
Proposal for a regulation
Article 32
1. more information systems shall be classified as rArticle 32 deleted Red lin any of the following cases: (a) biometric but different identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person; (b) data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person. 2. queried and where a red link exists between two or more of the information systems constituting the CIR or with the SIS, the multiple-identity detector shall reply indicating the data referred to in Article 34. Follow-up to a red link shall take place in accordance with Union and national law. 3. between data from the EES, the VIS, [the ETIAS], Eurodac or [the ECRIS-TCN System], the individual file stored in the CIR shall be updated in accordance with Article 19(1). 4. related to the handling of alerts in the SIS referred to in the [Regulations on SIS in the field of border checks, on SIS in the field of law enforcement and on SIS in the field of illegal return], and without prejudice to limitations necessary to protect security and public order, prevent crime and guarantee that any national investigation will not be jeopardised, where a red link is created, the authority responsible for verification of different identities shall inform the person of the presence of multiple unlawful identities. 5. authority responsible for verification of different identities shall provide a reference to the authorities responsible for the data linked.k A link between data from two or the linked data shares the same the linked data has similar identity Where the CIR or the SIS are Where a red link is created Without prejudice to the provisions Where a red link is created, the
2018/07/23
Committee: LIBE
Amendment 674 #
Proposal for a regulation
Article 33
1. more information systems shall be classified as white in any of the following cases: (a) biometric and the same or similar identity data; (b) similar identity data and at least one of the information systems does not have biometric data on the person; (c) biometric but different identity data and the authority responsible for the verification of different identities concluded it refers to the same person legally having different identity data. 2. queried and where a white link exists between one or more of the information systems constituting the CIR or with the SIS, the multiple-identity detector shall indicate that the identity data of the linked data correspond to the same person. The queried information systems shall reply indicating, where relevant, all the linked data on the person, hence triggering a hit against the data that is subject to the white link, if the authority launching the query has access to the linked data under Union or national law. 3. between data from the EES, the VIS, [the ETIAS], Eurodac or [the ECRIS-TCN system], the individual file stored in the CIR shall be updated in accordance with Article 19(1). 4. related to the handling of alerts in the SIS referred to in the [Regulations on SIS in the field of border checks, on SIS in the field of law enforcement and on SIS in the field of illegal return], where a white link is created following a manual verification of multiple identities, the authority responsible for verification of different identities shall inform the person of the presence of discrepancies between his or her personal data between systems and shall provide a reference to the authorities responsible for the data linked.Article 33 deleted White link A link between data from two or the linked data shares the same the linked data shares the same or the linked data shares the same Where the CIR or the SIS are Where a white link is created Without prejudice to the provisions
2018/07/23
Committee: LIBE
Amendment 680 #
Proposal for a regulation
Article 34
The iArticle 34 deleted Identity confirmation file shall contain the following data: (a) description in form of colours, as referred to in Articles 30 to 33; (b) a reference to the information systems whose data is linked; (c) allowing to retrieve the data from the information systems of corresponding linked files; (d) where relevant, the authority responsible for the verification of different identities.the links, including their a single identification number
2018/07/23
Committee: LIBE
Amendment 682 #
Proposal for a regulation
Article 35
Data retention in the multiple-identity The identity confirmation files and its data, including the links, shall be stored in the multiple-identity detector (MID) only for as long as the linked data is stored in two or more EU information systems.Article 35 deleted detector
2018/07/23
Committee: LIBE
Amendment 688 #
Proposal for a regulation
Article 36
1. eu-LISA shall keep logs of all data processing operations within the MID. Those logs shall include, in particular, the following: (a) the purpose of access of the user and his or her access rights; (b) (c) the type of data used to launch the query or queries; (d) (e) the history of the identity confirmation file; (f) who carried out the query. 2. of the staff duly authorised to use the MID. 3. protection monitoring, including checking the admissibility of a request and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. The logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation, unless they are required for monitoring procedures that have already begun. The logs related to the history of the identity confirmation file shallArticle 36 deleted Keeping of logs the date and time of the query; the reference to the data linked; the identifying mark of the person Each Member State shall keep logs The logs may be eraused once the data in the identity confirmation file is erased.ly for data
2018/07/23
Committee: LIBE
Amendment 693 #
Proposal for a regulation
Article 37 – paragraph 1
1. eu-LISA shall establish automated data quality control mechanisms and procedures on the data stored in or accessed through the EES, the [ETIAS], the VIS, the SIS, and the shared biometric matching service (shared BMS), the common identity repository (CIR) and the multiple-identity detector (MID).
2018/07/23
Committee: LIBE
Amendment 694 #
Proposal for a regulation
Article 37 – paragraph 2
2. eu-LISA shall establish common data quality indicators and the minimum quality standards to store data in or access data through the EES, the [ETIAS], the VIS, the SIS, and the shared BMS, the CIR and the MID.
2018/07/23
Committee: LIBE
Amendment 696 #
Proposal for a regulation
Article 37 – paragraph 3
3. eu-LISA shall provide regular reports on the automated data quality control mechanisms and procedures and the common data quality indicators to the Member States. eu-LISA shall also provide a regular report to the Commission covering the issues encountered and the Member States concerned., the Council, the European Parliament, the European Data Protection Supervisor, the European Data Protection Board and the Fundamental Rights Agency, covering the issues encountered and the Member States concerned. No reports provided under this paragraph shall contain any personal data
2018/07/23
Committee: LIBE
Amendment 699 #
Proposal for a regulation
Article 37 – paragraph 4
4. The details of the automated data quality control mechanisms and procedures and the common data quality indicators and the minimum quality standards to store data in or access data through the EES, the [ETIAS], the VIS, the SIS, the shared BMS, the CIR and the MID, in particular regarding biometric data, shall be laid down in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2).
2018/07/23
Committee: LIBE
Amendment 702 #
Proposal for a regulation
Article 37 – paragraph 5
5. One year after the establishment of the automated data quality control mechanisms and procedures and common data quality indicators and every year thereafter, the Commission shall evaluate Member State implementation of data quality and shall make any necessary recommendations. The Member States shall provide the Commission with an action plan to remedy any deficiencies identified in the evaluation report and shall report on any progress against this action plan until it is fully implemented. The Commission shall transmit the evaluation report to the European Parliament, to the Council, to the European Data Protection Supervisor, the European Data protection Board and to the European Union Agency for Fundamental Rights established by Council Regulation (EC) No 168/2007.75 _________________ 75 Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1).
2018/07/23
Committee: LIBE
Amendment 703 #
Proposal for a regulation
Article 38 – paragraph 2
2. The UMF standard shall be used in the development of the EES, the [ETIAS], , the European search portal, the CIR, the MID and, if appropriate, in the development by eu- LISA or any other EU body of new information exchange models and information systems in the area of Justice and Home Affairs.
2018/07/23
Committee: LIBE
Amendment 707 #
Proposal for a regulation
Article 39
1. and statistics (CRRS) is established for the purposes of supporting the objectives of the EES, the VIS, [the ETIAS] and the SIS and to generate cross-system statistical data and analytical reporting for policy, operational and data quality purposes. 2. implement and host the CRRS in its technical sites containing the data referred to in [Article 63 of the EES Regulation], Article 17 of Regulation (EC) No 767/2008, [Article 73 of the ETIAS Regulation] and [Article 54 of the Regulation on SIS in the field of border checks], logically separated. The data contained in the CRRS shall not enable the identification of individuals. Access to the repository shall be granted by means of secured access through the Trans- European Services for Telematics between Administrations (TESTA) network service with control of access and specific user profiles, solely for the purpose of reporting and statistics, to the authorities referred to in [Article 63 of the EES Regulation], Article 17 of Regulation (EC) No 767/2008, [Article 73 of the ETIAS Regulation] and [Article 54 of the Regulation on SIS in the field of border checks],. 3. anonymous and shall record such anonymous data in the CRRS. The process for rendering the data anonymous shall be automated. 4. The CRRS shall be composed of: (a) of a data repository enabling the rendering of anonymous data; (b) infrastructure to connect the CRRS to the EES, [the ETIAS], the VIS and the SIS, as well as the central infrastructures of the shared BMS, the CIR and the MID. 5. detailed rules on the operation of the CRRS, including specific safeguards for processing of personal data referred to under paragraph 2 and 3 and security rules applicable to the repository by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2).Article 39 deleted Central repository for reporting and statistics A central repository for reporting eu-LISA shall establish, eu-LISA shall render the data a central infrastructure, consisting a secure communication The Commission shall lay down
2018/07/23
Committee: LIBE
Amendment 716 #
Proposal for a regulation
Article 39 a (new)
Article 39a Statistics 1. eu-LISA shall develop functionalities to allow Member States’ authorities, the Commission, eu-LISA as well as the EDPS to automatically extract statistics directly from the system. Such extraction shall take place only in duly justified cases, at reasonable intervals, and for a specific purpose. Extracted statistics shall only contain anonymous data. 2. Before developing the functionalities laid down in paragraph 1, eu-LISA shall perform a thorough information security risk assessment and establish secure access points.
2018/07/23
Committee: LIBE
Amendment 718 #
Proposal for a regulation
Article 40 – paragraph 1
1. In relation to the processing of data in the shared biometric matching service (shared BMS), the Member State authorities that are controllers for the VIS, EES, and SIS respectively, shall also be considered as controllers in accordance with Article 4(7) of Regulation (EU) 2016/679 or Article 3(8) of Directive (EU) 2016/680 in relation to the biometric templates obtained from the data referred to in Article 13 that they enter into respective systems and shall have responsibility for the processing of the biometric templates in the shared BMS.
2018/07/23
Committee: LIBE
Amendment 720 #
Proposal for a regulation
Article 40 – paragraph 2
2. In relation to the processing of data in the common identity repository (CIR), the Member State authorities that are controllers for the VIS, EES and [ETIAS], respectively, shall also be considered as controllers in accordance with Article 4(7) of Regulation (EU) 2016/679 in relation to data referred to in Article 18 that they enter into respective systems and shall have responsibility for the processing of that personal data in the CIR.deleted
2018/07/23
Committee: LIBE
Amendment 721 #
Proposal for a regulation
Article 40 – paragraph 3
3. In relation to the processing of data in the multiple-identity detector: (a) Guard Agency shall be considered a data controller in accordance with Article 2(b) of Regulation No 45/2001 in relation to processing of personal data by the ETIAS Central Unit; (b) adding or modifying the data in the identity confirmation file are also to be considered as controllers in accordance with Article 4(7) of Regulation (EU) 2016/679 and shall have responsibility for the processing of the personal data in the multiple-identity detector;deleted the European Border and Coast the Member State authorities
2018/07/23
Committee: LIBE
Amendment 727 #
Proposal for a regulation
Article 41 – paragraph 1
In relation to the processing of personal data in the CIR, eu-LISA is to be considered the data processor in accordance with Article 2(e) of Regulation (EC) No 45/2001.deleted
2018/07/23
Committee: LIBE
Amendment 730 #
Proposal for a regulation
Article 43 – paragraph 1
1. Each Member State shall apply its rules of professional secrecy or other equivalent duties of confidentiality to all persons and bodies requirallowed to work with SIS data accessed through any of the interoperability components in accordance with its national law. That obligation shall also apply after those persons leave office or employment or after the termination of the activities of those bodies.
2018/07/23
Committee: LIBE
Amendment 731 #
Proposal for a regulation
Article 43 – paragraph 2 a (new)
2a. Where eu-LISA or a Member State cooperates with external contractors in any task related to the accessibility components, it shall closely monitor the activities of the contractor to ensure compliance with all provisions of this Regulation, including in particular security, confidentiality and data protection. In case potential and existing contractors are also established in third countries, eu-LISA or the respective Member State shall closely monitor and assess any legal obligations in those third countries that might have a detrimental impact on the confidentiality of the accessibility components and the information systems operated by eu-LISA and by the Member States in the scope of this Regulation, and take all necessary steps to ensure the confidentiality, including, where necessary, declining a contract.
2018/07/23
Committee: LIBE
Amendment 732 #
Proposal for a regulation
Article 44 – paragraph 1
1. Any event that has or may have an impact on the security of the interoperability components and may cause unauthorised access to, damage to or loss of data stored in them shall be considered to be a security incident, in particular where unauthorised access to data may have occurred or where the availability, integrity and confidentiality of data has or may have been compromised.
2018/07/23
Committee: LIBE
Amendment 733 #
Proposal for a regulation
Article 44 – paragraph 3
3. Without prejudice to the notification and communication of a personal data breach pursuant to Article 33 of Regulation (EU) 2016/679, Article 30 of Directive (EU) 2016/680, or both, Member States shall notify the Commission, eu- LISA and the European Data Protection Supervisor of security incidents. Without prejudice to Article 35 of Regulation (EC)45/2001 [or Article 37 of Regulation XX/2018 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC)No 45/2001 and Decision No 1247/2002/EC] and Article 34 of Regulation (EU)2016/794, [the ETIAS Central Unit] and Europol shall notify the Commission, eu-LISA and the European Data Protection Supervisor of any security incident. In the event of a security incident in relation to the central infrastructure of the interoperaaccessibility components, eu-LISA shall notify the Commission and the European Data Protection Supervisor.
2018/07/23
Committee: LIBE
Amendment 743 #
Member States and the relevant EU bodies shall ensure that each authority entitled to access the interoperaaccessibility components takes the measures necessary to monitor its compliance with this Regulation and cooperates, where necessary, with the competent supervisory authority.
2018/07/23
Committee: LIBE
Amendment 747 #
Proposal for a regulation
Article 46 – paragraph 1
1. Without prejudice to the right of information referred to in Articles 11 and 12 of Regulation (EC) 45/2001 and Articles 13 and 14 of Regulation (EU) 2016/679, persons whose data are stored in the shared biometric matching service, the common identity repository or the multiple-identity detector shall be informed by the authority collecting their data, at the time their data are collected, about the processing of personal data for the purposes of this Regulation, including about identity and contact details of the respective data controllers, and about the procedures for exercising their rights of access, rectification and erasure, as well as about the contact details of the European Data Protection Supervisor and of the national supervisory authority of the Member State responsible for the collection of the data.
2018/07/23
Committee: LIBE
Amendment 768 #
Proposal for a regulation
Article 47 – paragraph 2
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 415 days of receipt of the request.
2018/07/23
Committee: LIBE
Amendment 771 #
Proposal for a regulation
Article 47 – paragraph 3
3. 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 3015 days of such contact.
2018/07/23
Committee: LIBE
Amendment 774 #
Proposal for a regulation
Article 47 – paragraph 4
4. 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.deleted
2018/07/23
Committee: LIBE
Amendment 781 #
Proposal for a regulation
Article 47 – paragraph 5
5. Where data in the MID is 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.deleted
2018/07/23
Committee: LIBE
Amendment 783 #
Proposal for a regulation
Article 47 – paragraph 6
6. Where the responsible Member 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.deleted
2018/07/23
Committee: LIBE
Amendment 785 #
Proposal for a regulation
Article 47 – paragraph 7
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.deleted
2018/07/23
Committee: LIBE
Amendment 798 #
Proposal for a regulation
Article 49 – paragraph 1
1. The supervisory authority or authorities designated pursuant to Article 49 of Regulation (EU) 2016/679 shall ensure that an audit of the data processing operations by the responsible national authorities is carried out in accordance with relevant international auditing standards at least every fourtwo years.
2018/07/23
Committee: LIBE
Amendment 805 #
Proposal for a regulation
Article 50 – paragraph 1
The European Data Protection Supervisor shall ensure that an audit of eu-LISA’s personal data processing activities is carried out in accordance with relevant international auditing standards at least every fourtwo years. A report of that audit shall be sent to the European Parliament, the Council, eu-LISA, the Commission and the Member States. eu-LISA shall be given an opportunity to make comments before the reports are adopted.
2018/07/23
Committee: LIBE
Amendment 812 #
Proposal for a regulation
Article 51 – paragraph 1
1. The European Data Protection Supervisor shall act in close cooperation with national supervisory authorities and the European Data Protection Board with respect to specific issues requiring national involvement, in particular if the European Data Protection Supervisor or a national supervisory authority finds major discrepancies between practices of Member States or finds potentially unlawful transfers using the communication channels of the interoperability components, or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this Regulation.
2018/07/23
Committee: LIBE
Amendment 815 #
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
eu-LISA shall be responsible for the development of the interoperaaccessibility components, for any adaptations required for establishing interoperability between the central systems of the EES, VIS, [ETIAS], SIS, and Eurodac, and [the ECRIS-TCN system], andthrough the European search portal, and the shared biometric matching service, the common identity repository and the multiple-identity detector.
2018/07/23
Committee: LIBE
Amendment 822 #
Proposal for a regulation
Article 53 – paragraph 2
2. Without prejudice to Article 17 of the Staff Regulations of Officials of the European Union, eu-LISA shall apply appropriate rules of professional secrecy or other equivalent duties of confidentiality to its entire staff required to work with data stored in the interoperaaccessed through the accessibility components. This obligation shall also apply after such staff leave office or employment or after the termination of their activities.
2018/07/23
Committee: LIBE
Amendment 824 #
3. eu-LISA shall develop and maintain a mechanism and procedures for carrying out quality checks on the data stored inaccessed through the shared biometric matching service and the common identity repository in accordance with Article 37.
2018/07/23
Committee: LIBE
Amendment 826 #
Proposal for a regulation
Article 54 – paragraph 1 – point a
(a) the connection to the communication infrastructure of the European search portal (ESP) and the common identity repository (CIR);
2018/07/23
Committee: LIBE
Amendment 827 #
Proposal for a regulation
Article 54 – paragraph 1 – point b
(b) the integration of the existing national systems and infrastructures with the ESP, and the shared biometric matching service, the CIR and the multiple-identity detector;
2018/07/23
Committee: LIBE
Amendment 829 #
Proposal for a regulation
Article 54 – paragraph 1 – point d
(d) the management of, and arrangements for, access by the duly authorised staff, and by the duly empowered staff, of the competent national authorities to the ESP, the CIR and the multiple-identity detector and the shared BMS in accordance with this Regulation and the creation and regular update of a list of those staff and their profiles;
2018/07/23
Committee: LIBE
Amendment 831 #
Proposal for a regulation
Article 54 – paragraph 1 – point e
(e) the adoption of the legislative measures referred to in Article 20(3) in order to access the CIR for identification purposes;deleted
2018/07/23
Committee: LIBE
Amendment 833 #
Proposal for a regulation
Article 54 – paragraph 1 – point f
(f) the manual verification of different identities referred to in Article 29;deleted
2018/07/23
Committee: LIBE
Amendment 837 #
Proposal for a regulation
Article 55
Responsibilities of the ETIAS Central The ETIAS Central Unit shall be responsible for: (a) the manual verification of different identities referred to in Article 29; (b) carrying out a multiple-identity detection between the data stored in the VIS, Eurodac and the SIS referred to in Article 59.Article 55 deleted Unit
2018/07/23
Committee: LIBE
Amendment 839 #
Proposal for a regulation
Article 55a
Regulation (EU) 2016/399
Article 8 – paragraph 4 a (new)
Amendments to Regulation (EU) Regulation (EU) 2016/399 is amended as follows: In Article 8 of Regulation (EU) 2016/399, the following paragraph 4a is added: ‘4a. Where on entry or exit, the consultation of the relevant databases including the multiple-identity detector through the European search portal referred to respectively in [Article 4(36) and (33) of Regulation 2018/XX on interoperability] results in a yellow link or detects a red link, the person being checked shall be referred to the second-line check. The border guard at second line shall consult the multiple-identity detector together with the common identity repository referred to in [Article 4(35) of Regulation 2018/XX on interoperability] or the Schengen Information System or both to assess the differences in the linked identities and shall carry out any additional verification necessary to take a decision on the status and colour of the link as well as to take a decision on the entry or refusal of entry of the person concerned. In accordance with [Article 59(1) of Regulation 2018/XX], this paragraph shall apply only as from the start of operations of the multiple-identity detector.Article 55a deleted 2016/399
2018/07/23
Committee: LIBE
Amendment 841 #
Proposal for a regulation
Article 55b – paragraph 1 – point 1
Regulation (EU) 2017/2226
Article 1 – paragraph 1 a (new)
1) In Article 1, the following paragraph is added: ‘1a. By storing identity, travel document and biometric data in the common identity repository (CIR) established by [Article 17 of Regulation 2018/XX on interoperability], the EES contributes to facilitating and assisting in the correct identification of persons registered in the EES under the conditions and for the ultimate objectives referred to in [Article 20] of that Regulation.’deleted
2018/07/23
Committee: LIBE
Amendment 843 #
Proposal for a regulation
Article 55b – paragraph 1 – point 2
Regulation (EU) 2017/2226
Article 3 – point 21 a (new)
2) In Article 3, the following point (21a) is added: ‘'CIR' means the common identity repository as defined in [Article 4(35) of Regulation 2018/XX on interoperability]’deleted
2018/07/23
Committee: LIBE
Amendment 847 #
Proposal for a regulation
Article 55b – paragraph 1 – point 6
Regulation (EU) 2017/2226
Article 7 – paragraph 1 – point a
(a) the common identity repository (CIR) as referred to in [Article 17(2)(a) of Regulation 2018/XX on interoperability];deleted
2018/07/23
Committee: LIBE
Amendment 849 #
Proposal for a regulation
Article 55b – paragraph 1 – point 7
Regulation (EU) 2017/2226
Article 7 – paragraph 1 – point f
(f) a secure communication infrastructure between the EES Central System and the central infrastructures of the European search portal established by [Article 6 of Regulation 2018/XX on interoperability], the shared biometric matching service established by [Article 12 of Regulation 2018/XX on interoperability], the common identity repository established by [Article 17 of Regulation 2018/XX on interoperability] and the multiple-identity detector established by [Article 25 of Regulation 2018/XX on interoperability].
2018/07/23
Committee: LIBE
Amendment 851 #
Proposal for a regulation
Article 55b – paragraph 1 – point 8
Regulation (EU) 2017/2226
Article 7 – paragraph 1 a (new)
8) In Article 7, the following paragraph is added: ‘1a. The CIR shall contain the data referred to in Article 16(1)(a) to (d) and Article 17(1)(a) to (c), the remaining EES data shall be stored in the EES Central System.’deleted
2018/07/23
Committee: LIBE
Amendment 852 #
Proposal for a regulation
Article 55b – paragraph 1 – point 9
Regulation (EU) 2017/2226
Article 9 – paragraph 3 a (new)
9) In Article 9, the following paragraph is added: ‘3. Access to consulting the EES data stored in the CIR shall be reserved exclusively for the duly authorised staff of the national authorities of each Member State and for the duly authorised staff of the EU bodies that are competent for the purposes laid down in [Article 20 and Article 21 of Regulation 2018/XX on interoperability]. That access shall be limited to the extent necessary for the performance of the tasks of those national authorities and EU bodies in accordance with those purposes and shall be proportionate to the objectives pursued.’deleted
2018/07/23
Committee: LIBE
Amendment 854 #
Proposal for a regulation
Article 55b – paragraph 1 – point 10
Regulation (EU) 2017/2226
Article 21 – paragraph 1
10) In Article 21(1), the words "EES Central System" are replaced, both times they appear, by the words "EES Central System or the CIR".deleted
2018/07/23
Committee: LIBE
Amendment 856 #
Proposal for a regulation
Article 55b – paragraph 1 – point 11
Regulation (EU) 2017/2226
Article 21 – paragraph 2
11) In Article 21(2), the words "both the EES Central System and in the NUI" are replaced by the words "both the EES Central System and the CIR on the one hand and in the NUI on the other".deleted
2018/07/23
Committee: LIBE
Amendment 858 #
Proposal for a regulation
Article 55b – paragraph 1 – point 12
Regulation (EU) 2017/2226
Article 21 – paragraph 2
12) In Article 21(2), the words "shall be entered in the EES Central System" are replaced by the words "shall be entered in the EES Central System and the CIR".deleted
2018/07/23
Committee: LIBE
Amendment 860 #
Proposal for a regulation
Article 55b – paragraph 1 – point 13
Regulation (EU) 2017/2226
Article 32 – paragraph 1 a new
13) A new paragraph (1a) is added to Article 32: ‘1a. In cases where the designated authorities launched a query to the CIR in accordance with [Article 22 of Regulation 2018/XX on interoperability], they may access EES for consultation where the reply received as referred to in paragraph 3 of [Article 22 of Regulation 2018/XX on interoperability] reveals that data is stored in the EES.’deleted
2018/07/23
Committee: LIBE
Amendment 862 #
Proposal for a regulation
Article 55b – paragraph 1 – point 14
Regulation (EU) 2017/2226
Article 32 – paragraph 2
14) Article 32(2) is replaced by the following: ‘2. Access to the EES as a tool for the purpose of identifying an unknown suspect, perpetrator or suspected victim of a terrorist office or otherwise serious criminal offence shall only be allowed when a query to the CIR was launched in accordance with [Article 22 of Regulation 2018/XX on interoperability] and all the conditions listed in paragraph 1 and paragraph 1a are met. However, this additional condition shall not apply in a case of urgency where there is a need to prevent an imminent danger to the life of a person associated with a terrorist offence or another serious criminal offence. Those reasonable grounds shall be included in the electronic or written request sent by the operating unit of the designated authority to the central access point.’deleted
2018/07/23
Committee: LIBE
Amendment 864 #
Proposal for a regulation
Article 55b – paragraph 1 – point 16
Regulation (EU) 2017/2226
Article 33 – paragraph 1 a (new)
16) A new paragraph (1a) is added to Article 33: ‘1a. In cases where Europol launched a query to the CIR in accordance with [Article 22 of Regulation 2018/XX on interoperability], they may access EES for consultation where the reply received as referred to in paragraph 3 of [Article 22 of Regulation 2018/XX on interoperability] reveals that data is stored in the EES.’deleted
2018/07/23
Committee: LIBE
Amendment 866 #
Proposal for a regulation
Article 55b – paragraph 1 – point 18
18) In Article 34(1) and (2), the words "in the EES Central System" shall be replaced by the words "in the CIR and in the EES Central System respectively".deleted
2018/07/23
Committee: LIBE
Amendment 869 #
Proposal for a regulation
Article 55b – paragraph 1 – point 19
Regulation (EU) 2017/2226
Article 34 – paragraph 5
19) In Article 34(5), the words "of the EES Central System" shall be replaced by the words "from the EES Central System and from the CIR".deleted
2018/07/23
Committee: LIBE
Amendment 871 #
20) In Article 35, paragraph 7 is replaced by the following: ‘The EES Central System and the CIR shall immediately inform all Member States of the erasure of EES or CIR data and where applicable remove them from the list of identified persons referred to in Article 12(3).’deleted
2018/07/23
Committee: LIBE
Amendment 872 #
Proposal for a regulation
Article 55b – paragraph 1 – point 21
Regulation (EU) 2017/2226
Article 36
21) In Article 36, the words "of the EES Central System" shall be replaced by the words "of the EES Central System and the CIR".deleted
2018/07/23
Committee: LIBE
Amendment 875 #
Proposal for a regulation
Article 55b – paragraph 1 – point 22
Regulation (EU) 2017/2226
Article 37 – paragraph 1
22) In Article 37(1), the words "development of the EES Central System", shall be replaced by the words "development of the EES Central System and the CIR".deleted
2018/07/23
Committee: LIBE
Amendment 877 #
Proposal for a regulation
Article 55b – paragraph 1 – point 23
Regulation (EU) 2017/2226
Article 37 – paragraph 3 – subparagraph 1
23) In the first subparagraph of Article 37(3), the words "the EES Central System" shall be replaced, the first and the third time they appear, by the words "the EES Central System and the CIR".deleted
2018/07/23
Committee: LIBE
Amendment 879 #
Proposal for a regulation
Article 55b – paragraph 1 – point 25
Regulation (EU) 2017/2226
Article 63 – paragraph 2
25) Article 63(2) is replaced by the following: ‘2. For the purpose of paragraph 1 of this Article, eu-LISA shall store the data referred to in paragraph 1 in the central repository for reporting and statistics referred to in [Article 39 of the Regulation 2018/XX on interoperability].’deleted
2018/07/23
Committee: LIBE
Amendment 880 #
Proposal for a regulation
Article 55b – paragraph 1 – point 26 Regulation (EU) 2017/2226
26) In Article 63(4) a new subparagraph is added: ‘The daily statistics shall be stored in the central repository for reporting and statistics.’deleted
2018/07/23
Committee: LIBE
Amendment 881 #
Proposal for a regulation
Article 55c – paragraph 1 – subparagraph 1
Council Decision 2004/512/EC
Article 1 – paragraph 2 – point a
a) the common identity repository as referred to in [Article 17(2)(a) of Regulation 2018/XX on interoperability],deleted
2018/07/23
Committee: LIBE
Amendment 883 #
Proposal for a regulation
Article 55c – paragraph 1 – subparagraph 1
Council Decision 2004/512/EC
Article 1 – paragraph 2 – point f
f) a secure communication infrastructure between the VIS Central System and the central infrastructures of the European search portal established by [Article 6 of Regulation 2018/XX on interoperability], shared biometric matching service established by [Article 12 of Regulation 2018/XX on interoperability], the common identity repository and the multiple-identity detector (MID) established by [Article 25 of Regulation 2018/XX on interoperability].
2018/07/23
Committee: LIBE
Amendment 885 #
Proposal for a regulation
Article 55d – paragraph 1
Regulation (EC) 767/2008
Article 1 – paragraph 1 a (new)
1) In Article 1, the following paragraph is added: ‘2. By storing identity, travel document and biometric data in the common identity repository (CIR) established by [Article 17 of Regulation 2018/XX on interoperability], the VIS contributes to facilitating and assisting in the correct identification of persons registered in the VIS under the conditions and for the ultimate objectives laid down in paragraph 1 of this Article.’deleted
2018/07/23
Committee: LIBE
Amendment 888 #
Proposal for a regulation
Article 55d – paragraph 2
Regulation (EC) 767/2008
Article 4 – point 11 a (new)
(12) 'VIS data' means all data stored in the VIS Central System and in the CIR in accordance with Articles 9 to14.deleted
2018/07/23
Committee: LIBE
Amendment 889 #
Proposal for a regulation
Article 55d – paragraph 3
Regulation (EC) 767/2008
Article 5 – paragraph 1 a (new)
3) In Article 5, the following paragraph is added: ‘1a) The CIR shall contain the data referred to in Article 9(4)(a) to (cc), 9(5) and 9(6), the remaining VIS data shall be stored in the VIS Central System.’deleted
2018/07/23
Committee: LIBE
Amendment 891 #
Proposal for a regulation
Article 55d – paragraph 4
Regulation (EC) 767/2008
Article 6 – paragraph 2
4) Article 6(2) is amended as follows: ‘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 which are competent for the purposes laid down in Article 15 to 22, and 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 [Article 20 and Article 21 of the Regulation 2018/XX on interoperability], limited to the extent that the data are required for the performance of their tasks in accordance with those purposes, and proportionate to the objectives pursued.’deleted
2018/07/23
Committee: LIBE
Amendment 893 #
Proposal for a regulation
Article 55d – paragraph 7
Regulation (EC) 767/2008
Article 29 – paragraph 2 – point a
7) In Article 29(2)(a) the word "VIS" is replaced by the words "VIS or the CIR" in both instances where it appears.deleted
2018/07/23
Committee: LIBE
Amendment 895 #
Proposal for a regulation
Article 55e
Council Decision 2008/633/JHA
Article 5 – paragraph 1 a (new) and Article 7 – paragraph 1 a (new)
Amendments to Council Decision 1) A new paragraph (1a) is added to Article 5: ‘1a. In cases where the designated authorities launched a query to the CIR in accordance with [Article 22 of Regulationrticle 55e deleted 20108/XX on interoperability], they may access VIS for consultation where the reply received as referred to in paragraph 3 of [Article 22 of Regulation 2018/XX on interoperability] reveals that data is stored in the VIS. ‘1a. In cases where Europol launched a query to the CIR in accordance with [Article 22 of Regulation 2018/XX on interoperability], they may access VIS for consultation where the reply received as referred to in paragraph 3 of [Article 22 of Regulation 2018/XX on interoperability] reveals that data is stored in the VIS.633/JHA
2018/07/23
Committee: LIBE
Amendment 900 #
Proposal for a regulation
Article 55f – paragraph 1
Regulation (EU) 2018/XXX (the ETIAS Regulation)
Article 1 – paragraph 1a
1. In Article 1, the following paragraph is inserted: "1a. By storing identity and travel document data in the common identity repository (CIR) established by [Article 17 of Regulation 2018/XX on interoperability], the ETIAS contributes to facilitating and assisting in the correct identification of persons registered in the ETIAS under the conditions and for the ultimate objectives referred to in [Article 20] of that Regulation."deleted
2018/07/23
Committee: LIBE
Amendment 902 #
(pa) 'CIR' means the common identity repository as defined in [point 35 of Article 4 of Regulation 2018/XX on interoperability];deleted
2018/07/23
Committee: LIBE
Amendment 904 #
Proposal for a regulation
Article 55f – paragraph 2
Regulation (EU) 2018/XXX (the ETIAS Regulation)
Article 3 – paragraph 1 – point pb
(pb) 'ETIAS Central System' means the Central System referred to in Article 6(2)(ab) together with the CIR to the extent that the CIR contains the data referred to in Article 6(2a);deleted
2018/07/23
Committee: LIBE
Amendment 907 #
Proposal for a regulation
Article 55f – paragraph 4
Regulation (EU) 2018/XXX (the ETIAS Regulation)
Article 6 – paragraph 2 – point a
4. In Article 6(2), point (a) is replaced by the following: "(a) the common identity repository (CIR) as referred to in [Article 17(2)(a) of Regulation 2018/XX on interoperability];"deleted
2018/07/23
Committee: LIBE
Amendment 910 #
Proposal for a regulation
Article 55f – paragraph 6Regulation (EU) 2018/XXX (the ETIAS Regulation)

Article 6 – paragraph 2 – point n
(n) a secure communication infrastructure between the ETIAS Central System and the central infrastructures of the European search portal established by [Article 6 of Regulation 2018/XX on interoperability], the common identity repository established by [Article 17 of Regulation 2018/XX on interoperability] and the multiple-identity detector established by [Article 25 of Regulation 2018/XX on interoperability];
2018/07/23
Committee: LIBE
Amendment 911 #
Proposal for a regulation
Article 55f – paragraph 7
Regulation (EU) 2018/XXX (the ETIAS Regulation)
Article 6 – paragraph 2a
7. In Article 6, the following paragraph is inserted: "2a. The CIR shall contain the identity and travel document data referred to in Article 17(2)(a) and (b) to (e) as well as the three letter code of the country issuing the travel document as referred to in Article 19(3)(c), the remaining data shall be stored in the ETIAS Central System."deleted
2018/07/23
Committee: LIBE
Amendment 913 #
Proposal for a regulation
Article 55f – paragraph 8
Regulation (EU) 2018/XXX (the ETIAS Regulation)
Article 13 – paragraph 5
8. Article 13 is amended as follows: (a) paragraph 5 is replaced by the following: "5. Access to consulting the ETIAS identity and travel document data stored in the CIR shall also be reserved exclusively for the duly authorised staff of the national authorities of each Member State and for the duly authorised staff of the EU bodies that are competent for the purposes laid down in [Article 20 and Article 21 of Regulation 2018/XX on interoperability]. That access shall be limited to the extent necessary for the performance of the tasks of those national authorities and Union bodies in accordance with those purposes and shall be proportionate to the objectives pursued. 6. Each Member State shall designate the competent national authorities referred to in paragraphs 1, 2 4 and 5 of this Article and shall communicate a list of these authorities to eu-LISA without delay, in accordance with Article 87(2). That list shall specify for which purpose the duly authorised staff of each authority shall have access to the data in ETIAS Information System in accordance with paragraphs 1, 2 4 and 5 of this Article ."deleted
2018/07/23
Committee: LIBE
Amendment 915 #
Proposal for a regulation
Article 55f – paragraph 14
Regulation (EU) 2018/XXX (the ETIAS Regulation)
Article 52 – paragraph 1a
14. In Article 52, the following paragraph is inserted: "1a. In cases where the designated authorities launched a query to the CIR in accordance with [Article 22 of Regulation 2018/XX on interoperability], they may access the application files stored in the ETIAS Central System in accordance with this Article for consultation where the reply received as referred to in paragraph 3 of [Article 22 of Regulation 2018/XX on interoperability] reveals that data is stored in the application files stored in the ETIAS Central System."deleted
2018/07/23
Committee: LIBE
Amendment 917 #
Proposal for a regulation
Article 55f – paragraph 15
Regulation (EU) 2018/XXX (the ETIAS Regulation)
Article 53 – paragraph 1a
15. In Article 53, the following paragraph is inserted: "1a. In cases where Europol launched a query to the CIR in accordance with [Article 22 of Regulation 2018/XX on interoperability], they may access the application files stored in the ETIAS Central System in accordance with this Article for consultation where the reply received as referred to in paragraph 3 of [Article 22 of Regulation 2018/XX on interoperability] reveals that data is stored in the application files stored in the ETIAS Central System."Deleted
2018/07/23
Committee: LIBE
Amendment 919 #
Proposal for a regulation
Article 55f – paragraph 18
Regulation (EU) 2018/XXX (the ETIAS Regulation)
Article 73 – paragraph 2
18. In Article 73(2), the words "the central repository of data" are replaced by the words "the central repository for reporting and statistics referred to in [Article 39 of the Regulation 2018/XX on interoperability] to the extent that it contains data obtained from the ETIAS Central System in accordance with Article 84".deleted
2018/07/23
Committee: LIBE
Amendment 920 #
Proposal for a regulation
Article 55f – paragraph 19
Regulation (EU) 2018/XXX (the ETIAS Regulation)
Article 74 – paragraph 1
19. In Article 74(1), the words "and the central repository of data, as referred to in Article 6" are deleted.
2018/07/23
Committee: LIBE
Amendment 921 #
Proposal for a regulation
Article 55f – paragraph 20
Regulation (EU) 2018/XXX (the ETIAS Regulation)
Article 84 – paragraph 2
20. In Article 84(2), the first subparagraph is replaced by the following: "2. For the purpose of paragraph 1 of this Article, eu-LISA shall store the data referred to in paragraph 1 in the central repository for reporting and statistics referred to in [Article 39 of the Regulation 2018/XX on interoperability]. In accordance with [Article 39(1) of the Regulation 2018/XX on interoperability], cross-system statistical data and analytical reporting would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics, to support the implementation of the ETIAS screening rules referred to in Article 33, to improve the assessment of the security, illegal immigration and high epidemic risks, to enhance the efficiency of border checks and to help the ETIAS Central Unit and the ETIAS National Units process the travel authorisation applications."Deleted
2018/07/23
Committee: LIBE
Amendment 922 #
Proposal for a regulation
Article 55f – paragraph 21
Regulation (EU) 2018/XXX (the ETIAS Regulation)
Article 84 – paragraph 4
21. In Article 84(4), a new subparagraph is added: "The daily statistics shall be stored in the central repository for reporting and statistics."deleted
2018/07/23
Committee: LIBE
Amendment 924 #
Proposal for a regulation
Article 55g – paragraph 1
Regulation (EU) 2018/XX [the Regulation on SIS in the field of border checks]
Article 3 –paragraph 1 – point v
(v) 'CIR' means the common identity repository as referred to in [Article 17 of Regulation 2018/XX on interoperability];deleted
2018/07/23
Committee: LIBE
Amendment 926 #
Proposal for a regulation
Article 55g – paragraph 1
Regulation (EU) 2018/XX [the Regulation on SIS in the field of border checks]
Article 3 –paragraph 1 – point w
(w) ‘MID’ means the multiple-identity detector as defined in [Article 25 of Regulation 2018/XX on interoperability].deleted
2018/07/23
Committee: LIBE
Amendment 927 #
(a) in paragraph 3, the following point (d) is added: "d) a secure communication infrastructure between CS-SIS and the central infrastructures of the ESP, and the shared BMS and the MID".
2018/07/23
Committee: LIBE
Amendment 928 #
Proposal for a regulation
Article 55g – paragraph 3
Regulation (EU) 2018/XX [the Regulation on SIS in the field of border checks]
Article 7 –paragraph 2a
3. In Article 7 the following paragraph 2a is added: "2a. The SIRENE Bureaux shall also ensure the verification of different identities in accordance with [Article 29 Regulation 2018/XX on interoperability]. To the extent necessary to carry out this task, the SIRENE Bureaux shall have access to consulting the data stored in the CIR for the purposes laid down in [Article 21 of Regulation 2018/XX on interoperability]."deleted
2018/07/23
Committee: LIBE
Amendment 934 #
6. In Article 29(1), the following point (g) is added: “(g) verifying different identities and combating identity fraud in accordance with [Chapter V of Regulation 2018/XX on interoperability].”deleted
2018/07/23
Committee: LIBE
Amendment 935 #
Proposal for a regulation
Article 55g – paragraph 7
Regulation (EU) 2018/XX [the Regulation on SIS in the field of border checks]
Article 54 – paragraph 6
7. in Article 54 paragraph 6, is replaced by the following: "For the purpose of paragraphs 3, 4 and 5 of this Article and of Article 15(5), the Agency shall store data referred to in paragraph 3 of this Article and in Article 15(5) which shall not allow for the identification of individuals in the central repository for reporting and statistics referred to in [Article 39 of the Regulation 2018/XX on interoperability]. The Agency shall allow the Commission and the agencies referred to in paragraph 5 to obtain bespoke reports and statistics. Upon request, the Agency shall give access to Member States, the Commission, Europol, and the European Border and Coast Guard Agency to the central repository in accordance with [Article 39 of the Regulation 2018/XX on interoperability]."deleted
2018/07/23
Committee: LIBE
Amendment 939 #
Proposal for a regulation
Article 55h – paragraph 1
Regulation (EU) 2018/XX [Regulation on eu-LISA]
Article 8 – paragraph 2
2. eu-LISA shall establish a central repository for reporting and statistics in accordance with [Article 39 of Regulation 2018/XX on interoperability]."deleted
2018/07/23
Committee: LIBE
Amendment 941 #
Proposal for a regulation
Article 55h – paragraph 2
Regulation (EU) 2018/XX [Regulation on eu-LISA]
Article 9
2. Article 9 is replaced by the following: "“Article 9 Interoperability Where the interoperability of large-scale IT systems has been stipulated in a relevant legislative instrument the Agency shall develop the necessary actions conferred on it by those legislative instruments to enable that interoperability."deleted
2018/07/23
Committee: LIBE
Amendment 947 #
Proposal for a regulation
Article 56 – paragraph 2
2. The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the common identity repository, solely for the purposes of reporting and statistics without enabling individual identification: (a) number of queries for the purposes of Articles 20, 21 and 22; (b) nationality, sex and year of birth of the person; (c) the type of the travel document and the three-letter code of the issuing country; (d) the number of searches conducted with and without biometric data.deleted
2018/07/23
Committee: LIBE
Amendment 950 #
Proposal for a regulation
Article 56 – paragraph 3
3. The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the multiple-identity detector, solely for the purposes of reporting and statistics without enabling individual identification: (a) nationality, sex and year of birth of the person; (b) the type of the travel document and the three-letter code of the issuing country; (c) the number of searches conducted with and without biometric data; (d) the number of each type of link.deleted
2018/07/23
Committee: LIBE
Amendment 954 #
Proposal for a regulation
Article 56 – paragraph 5
5. For the purpose of paragraph 1 of this Article, eu-LISA shall store the data referred to in paragraph 1 of this Article in the central repository for reporting and statistics referred to in Chapter VII of this Regulation. The data included in the repository shall not enable the identification of individuals, but it shall allow the authorities listed in paragraph 1 of this Article to obtain customisable reports and statistics to enhance the efficiency of border checks, to help authorities processing visa applications and to support evidence-based policymaking on migration and security in the Union.deleted
2018/07/23
Committee: LIBE
Amendment 959 #
Proposal for a regulation
Article 58
Transitional period applicable to the provisions on access to the common identity repository for law enforcement Article 22, points 13, 14, 15 and 16 of Article 55b and Article 55e shall apply from the date of the start of operations referred to in Article 62(1).Article 58 deleted purposes
2018/07/23
Committee: LIBE
Amendment 962 #
Proposal for a regulation
Article 59
Transitional period for the multiple- 1. For a period of one year following the notification by eu-LISA of the completion of the test referred to in Article 62(1)(b) regarding the multiple-identity detector (MID) and before the start of operations of the MID, the ETIAS Central Unit as referred to in [Article 33(a) of Regulation (EU) 2016/1624] shall be responsible for carrying out a multiple-identity detection between the data stored in the VIS, Eurodac and the SIS. The multiple- identity detections shall be carried out using only biometric data in accordance with Article 27(2) of this Regulation. 2. Where the query reports one or several hit(s) and the identity data of the linked files is identical or similar, a white link shall be created in accordance with Article 33. Where the query reports one or several hit(s) and the identity data of the linked files cannot be considered as similar, a yellow link shall be created in accordance with Article 30 and the procedure referred to in Article 29 shall apply. Where several hits are reported, a link shall be created to each piece of data triggering the hit. 3. Where a yellow link is created, the MID shall grant access to the identity data present in the different information systems to the ETIAS Central Unit. 4. Where a link is created to an alert in the SIS, other than a refusal of entry alert or an alert on a travel document reported lost, stolen or invalidated in accordance with Article 24 of the Regulation on SIS in the field of border checks and Article 38 of the Regulation on SIS in the field of law enforcement respectively, the MID shall grant access to the identity data present in the different information systems to the SIRENE Bureau of the Member State that created the alert. 5. The ETIAS Central Unit or the SIRENE Bureau of the Member State that created the alert shall have access to the data contained in the identity confirmation file and shall assess the different identities and shall update the link in accordance with Articles 31, 32 and 33 and add it to the identity confirmation file. 6. eu-LISA shall assist where necessary the ETIAS Central Unit in carrying out the multiple-identity detection referred to in this Article.Article 59 deleted identity detection
2018/07/23
Committee: LIBE
Amendment 968 #
Proposal for a regulation
Article 60 – paragraph 1
1. The costs incurred in connection with the establishment and operation of the ESP, and the shared biometric matching service, the common identity repository (CIR) and the MID shall be borne by the general budget of the Union.
2018/07/23
Committee: LIBE
Amendment 970 #
Proposal for a regulation
Article 60 – paragraph 3
3. The costs incurred by the designated authorities referred to in Article 4(24) shall be borne, respectively, by each Member State and Europol. The costs for the connection of the designated authorities to the CIR shall be borne by each Member State and Europol, respectively.
2018/07/23
Committee: LIBE
Amendment 972 #
Proposal for a regulation
Article 61 – paragraph 1 – subparagraph 1
The Member States shall notify eu-LISA of the authorities referred to in Articles 7, 20, 21 and 26 that may use or have access to the ESP, or the CIR and the MIDshared BMS respectively.
2018/07/23
Committee: LIBE
Amendment 974 #
Proposal for a regulation
Article 61 – paragraph 3
3. The ETIAS Central Unit shall notify the Commission of the successful completion of the transitional measure laid down in Article 59.deleted
2018/07/23
Committee: LIBE
Amendment 977 #
Proposal for a regulation
Article 62 – paragraph 1 – point c
(c) eu-LISA has validated the technical and legal arrangements to collect and transmit the data referred to in Articles 8(1), 13, 19, 34 and 39 and have notified them to the Commission;
2018/07/23
Committee: LIBE
Amendment 978 #
Proposal for a regulation
Article 62 – paragraph 1 – point e
(e) for the multiple-identity detector, the ETIAS Central Unit has notified the Commission as referred to in Article 61(3).deleted
2018/07/23
Committee: LIBE
Amendment 1003 #
Proposal for a regulation
Article 68 – paragraph 5 – subparagraph 1 – point b
(b) an examination of the results achieved against objectives and the impact on fundamental rights, in particular on the right to non-discrimination;
2018/07/23
Committee: LIBE
Amendment 1006 #
Proposal for a regulation
Article 68 – paragraph 8 – subparagraph 1 – introductory part
While respecting the provisions of national law on the publication of sensitive information, each Member State and Europol shall prepare annual reports on the effectiveness of access to data stored in the common identity repositorythrough the ESP and the shared BMS for law enforcement purposes, containing information and statistics on:
2018/07/23
Committee: LIBE
Amendment 1010 #
Proposal for a regulation
Article 68 – paragraph 8 – subparagraph 1 – point c
(c) the number of requests for access to the common identity repository for law enforcement purposes;deleted
2018/07/23
Committee: LIBE