BETA

Activities of Bodil VALERO related to 2018/0152(COD)

Shadow reports (1)

2016/11/22
Committee: LIBE
Dossiers: 2018/0152(COD)
Documents: PDF(501 KB) DOC(245 KB)

Amendments (45)

Proposal for a regulation
Recital 8

(8) When adopting Regulation (EC) No 810/2009, it was recognised that the issue of the sufficient reliability for identification and verification purposes of fingerprints of children under the age of 12 and, in particular, how fingerprints evolve with age, would have to be addressed at a later stage, on the basis of the results of a study carried out under the responsibility of the Commission. A study53 carried out in 2013 by the Joint Research Centre concluded that fingerprint recognition of children aged between 6 and 12 years is achievable with a satisfactory level of accuracy under certain conditions. A second study54 confirmed this finding in December 2017 and provided further insight into the effect of aging over fingerprint quality. On this basis, the Commission conducted in 2017 a further study looking into the necessity and proportionality of lowering the fingerprinting age for children in the visa procedure to 6 years. This study55 found that lowering the fingerprinting age would contribute to better achieving the VIS objectives, in particular in relation to the facilitation of the fight against identity fraud, facilitation of checks at external border crossing points, and could bring additional benefits by strengthening the prevention and fight against children's rights abuses, in particular by enabling the identification/verification of identity of third-country national (TCN) children who are found in Schengen territory in a situation where their rights may be or have been violated (e.g. child victims of trafficking in human beings, missing children and unaccompanied minors applying for asylum). _________________ 53 Fingerprint Recognition for Children (2013 - EUR 26193). 54 "Automatic fingerprint recognition: from children to elderly" (2018 – JRC). 55 ''Feasibility and implications of lowering the fingerprinting age for children and on storing a scanned copy of the visa applicant's travel document in the Visa Information System (VIS)'' (2018).deleted

2018/11/15
Committee: LIBE

Proposal for a regulation
Recital 10

(10) The personal data provided by the applicant for a short-stay visa should be processed by the VIS to assess whether the entry of the applicant in the Union could pose a threat to the public security or to public health in the Union and also assess the risk of irregular migration of the applicant. As regards third country nationals who obtained a long stay visa ~~or a residence permit~~, these checks should be limited to contributing to assess the identity of the document holder, the authenticity and the validity of the long- stay visa ~~or residence permit~~ as well as whether the entry of the third country national in the Union could pose a threat to public security or to public health in the Union. They should not interfere with any decision on long-stay visas ~~or residence permits~~.

2018/11/15
Committee: LIBE

Proposal for a regulation
Recital 11

(11) The assessement of such risks cannot be carried out without processing the personal data related to the person's identity, travel document, and, as the case may be, sponsor or, if the applicant is minor, identity of the responsible person. Each item of personal data in the applications should be compared with the data present in a record, file or alert registered in an information system (the Schengen Information System (SIS), the Visa Information System (VIS), the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD), the Entry/Exit System (EES), the Eurodac, the ECRIS-TCN system as far as convictions related to terrorist offences or other forms of serious criminal offences are concerned and/or the Interpol Travel Documents Associated with Notices database (Interpol TDAWN)) ~~or against the watchlists, or against specific risk indicators~~. The categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems, the watchlist or the specific risk indicators.

2018/11/15
Committee: LIBE

Proposal for a regulation
Recital 15

(15) The comparison against other databases should be automated. Whenever such comparison reveals that a correspondence (a 'hit') exists with any of the personal data or combination thereof in the applications and a record, file or alert in the above information systems, ~~or with personal data in the watchlist,~~ the application should be processed manually by an operator in the responsible authority. The assessment performed by the responsible authority should lead to the decision to issue or not the short-stay visa.

2018/11/15
Committee: LIBE

Proposal for a regulation
Recital 20

(20) It should be ensured that at least a similar level of checks is applied to applicants for a short-stay visa, or third country nationals who obtained a long stay visa or a residence permit, as for visa free third country nationals. To this end a watchlist is also established with information related to persons who are suspected of having committed an act of serious crime or terrorism, or regarding whom there are factual indications or reasonable grounds to believe that they will commit an act of serious crime or terrorism should be used for verifications in respect of these categories of third country nationals as well.deleted

2018/11/15
Committee: LIBE

Proposal for a regulation
Recital 21

(21) In order to fulfil their obligation under the Convention implementing the Schengen Agreement, international carriers should be able to verify whether or not third country nationals holding a short-stay visa, or a long stay visa ~~or a residence permit~~ are in possession of the required valid travel documents. This verification should be made possible through the daily extraction of VIS data into a separate read- only database allowing the extraction of a minimum necessary subset of data to enable a query leading to an ok/not ok answer.

2018/11/15
Committee: LIBE

Proposal for a regulation
Recital 22

(22) This Regulation should define the authorities of the Member States which may be authorised to have access to the VIS to enter, amend, delete or consult data on long stay visas ~~and residence permits~~ for the specific purposes set out in the VIS for this category of documents and their holders, and to the extent necessary for the performance of their tasks.

2018/11/15
Committee: LIBE

Proposal for a regulation
Recital 23

(23) Any processing of VIS data on long stay visas ~~and residence permits~~ should be proportionate to the objectives pursued and necessary for the performance of tasks of the competent authorities. When using the VIS, the competent authorities should ensure that the human dignity and integrity of the person, whose data are requested, are respected and should not discriminate against persons on grounds of sex, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.

2018/11/15
Committee: LIBE

Proposal for a regulation
Recital 35

(35) Members of the European Border and Coast Guard (EBCG) teams~~, as well as teams of staff involved in return-related tasks~~ are entitled by Regulation (EU) 2016/1624 of the European Parliament and the Council to consult European databases where necessary for fulfilling operational tasks specified in the operational plan on border checks, and border surveillance ~~and return~~, under the authority of the host Member State. For the purpose of facilitating that consultation and enabling the teams an effective access to the data entered in VIS, the ECBGA should be given access to VIS. Such access should follow the conditions and limitations of access applicable to the Member States' authorities competent under each specific purpose for which VIS data can be consulted.

2018/11/15
Committee: LIBE

Proposal for a regulation
Recital 36

(36) The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with Directive 2008/115/EC of the European Parliament and of the Council59 , is an essential component of the comprehensive efforts to tackle irregular migration and represents an important reason of substantial public interest. _________________ 59 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).deleted

2018/11/15
Committee: LIBE

Proposal for a regulation
Recital 37

(37) The third countries of return are often not subject to adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679 or under national provisions adopted to transpose Article 36 of Directive (EU) 2016/680. Furthermore, the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return has not been able to ensure the systematic fulfilment by such third countries of the obligation established by international law to readmit their own nationals. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679 or to the national provisions adopted to transpose Article 37 of Directive (EU) 2016/680, cover a limited number of such third countries and conclusion of any new agreement remains uncertain. In such situations, personal data could be processed pursuant to this regulation with third-country authorities for the purposes of implementing the return policy of the Union provided that the conditions laid down in Article 49(1)(d) of Regulation (EU) 2016/679 or in the national provisions transposing Article 38 or 39 of Directive (EU) 2016/680 are met.deleted

2018/11/15
Committee: LIBE

Proposal for a regulation
Recital 41

(41) In order to enhance third countries' cooperation on readmission of irregular migrants and to facilitate the return of illegally staying third country nationals whose data might be stored in the VIS, the copies of the travel document of applicants for a short stay visa should be stored in the VIS. Contrary to information extracted from the VIS, copies of travel documents are a proof of nationality more widely recognised by third countries.deleted

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 767/2008
Article 1 – paragraph 1

"This Regulation also lays down procedures for the exchange of information between Member States on long-stay visas ~~and residence permits~~, including on certain decisions on long-stay visas ~~and residence permits~~.

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 767/2008
Article 1 – paragraph 2

By storing identity, travel document and biometric data in the common identity repository (CIR) established by Article 17 of Regulation 2018/XX of the European Parliament and of the Council* [Regulation 2018/XX on interoperability], the VIS contributes to facilitating and assisting in the correct identification of persons registered in the VIS.deleted

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008
Article 2 – paragraph 1 – point e

(e) to assist in the identification ~~and return~~ of any person who may not, or may no longer, fulfil the conditions for entry to, stay or residence on the territory of the Member States;

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008
Article 2 – paragraph 1 – point i

~~(i) to contribute to the prevention of threats to the internal security of any of the Member States;~~deleted

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008
Article 2 – paragraph 2

As regards long stay visas ~~and residence permits~~, the VIS shall have the purpose of facilitating the exchange of data between Member States on the decisions related thereto, in order to:

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 4 Regulation (EC) No 767/2008

(17) 'residence permit' means all residence permits issued by the Member States in accordance with the uniform format laid down by Council Regulation (EC) No 1030/2002** and all other documents referred to in Article 2(16)(b) of Regulation (EU) 2016/399;deleted

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 5

Regulation (EC) No 767/2008
Article 5 – paragraph 3

3. The CIR shall contain the data referred to in Article 9(4)(a) to (cc), Article 9(5) and 9(6), Article 22c(2)(a), to (cc), (f) and (g), and Article 22d(a) to (cc), (f) and (g). The remaining VIS data shall be stored in the VIS Central System.deleted

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)

Regulation (EC) No 767/2008
Article 7 – paragraph 2

~~2. Each competent authority shall ensure that in us~~(7a) In Article 7 paragraph 2 is replaced by the following: "2. Processing of personal data withing the VIS~~, it does not discriminate against applicants and visa holders on grounds of sex, racial or ethnic origin, religion or belief~~ by any user shall not result in discrimination on the grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation ~~and that it~~. It shall fully respect~~s the~~ human dignity and ~~the~~ integrity ~~of the applicant or of the visa holder. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02008R0767-20171229)~~and fundamental rights, including the right to respect for one’s private life and to the protection of personal data. Particular attention shall be paid to children, the elderly and persons with a disability." Or. en

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point c

Regulation (EC) No 767/2008
Article 9 – point 7

~~(c) the following point 7 is added: ‘7. page.;’~~deleted a scan of the biographic data

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008
Article 9 a to 9 d

~~[...]~~deleted

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 14

Regulation (EC) No 767/2008
Article 15

~~(14) Article 15 is amended as follows: (a) (ea) is inserted: ‘(ea) ‘2a. The facial image referred to in point (ea) of paragraph 2 shall not be the only search criterion.~~deleted in paragraph 2, the following point facial image;;’

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 15

Regulation (EC) No 767/2008
Article 16 – paragraph 3 – point b

(b) all other messages related to consular cooperation that entail transmission of personal data recorded in the VIS or related to it, to the transmission of requests to the competent visa authority to forward copies of ~~travel documents pursuant to point 7 of Article 9 and other~~ documents supporting the application and to the transmission of electronic copies of those documents, as well as to requests pursuant to Article 9c and Article 38(3). The competent visa authorities shall respond to any such request within two working days.;

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 18

Regulation (EC) No 767/2008
Article 18 – paragraph 6 – subparagraph 2

The competent authorities for carrying out checks at borders at which the EES is operated shall verify the fingerprints of the visa holder against the fingerprints recorded in the VIS. For visa holders whose fingerprints cannot be used, the search mentioned under paragraph 1 shall be carried out with the alphanumeric data foreseen under paragraph 1 ~~in combination with the facial image~~.;

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 28

Regulation (EC) No 767/2008
Article 31 – paragraph 1

(28) in Article 31, paragraphs 1 and 2 are replaced by the following: ‘1. (EU) 2016/679, the data referred to in Article 9(4)(a), (b), (c), (k) and (m); 9(6) and 9(7) may be transferred or made available to a third country or to an international organisation listed in the Annex, only if necessary in individual cases for the purpose of proving the identity of third-country nationals, and only for the purpose of return in accordance with Directive 2008/115/EC or of resettlement in accordance with the Regulation …[Resettlement Framework Regulation], and provided that the Member State which entered the data in the VIS has given its approval.;’deleted Without prejudice to Regulation

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008
Article 45 b – paragraph 1

1. In order to fulfil their obligation under point (b) of Article 26(1) of the Convention implementing the Schengen Agreement, air carriers, sea carriers and international carriers transporting groups overland by coach shall send a query to the VIS in order to verify whether or not third country nationals holding a short-stay visa, or a long stay visa ~~or a residence permit~~ are in possession of a valid short stay visa, or long stay visa ~~or residence permit~~, as applicable. For this purpose, as regards short stay visas, carriers shall provide the data listed under points (a), (b) and (c) of Article 9(4) of this Regulation or under points (a), (b) and (c) of Article 22c, as applicable.

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008
Article 45 d – paragraph 1

1. To exercise the tasks and powers pursuant to Article 40(1) of Regulation (EU) 2016/1624 of the European Parliament and of the Council* and in addition to the access provided for in Article 40(8) of that Regulation, the members of the European Border and Coast Guard teams~~, as well as teams of staff involved in return-related operations,~~ shall, within their mandate, have the right to access and search data entered in VIS.

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008
Article 45 e – paragraph 1

1. In view of the access referred to in paragraph 1 of Article 45d, a European Border and Coast Guard team may submit a request for the consultation of all data or a specific set of data stored in the VIS to the European Border and Coast Guard central access point referred to in Article 45d(2). The request shall refer to the operational plan on border checks, or border surveillance ~~and/or return~~ of that Member State on which the request is based. Upon receipt of a request for access, the European Border and Coast Guard central access point shall verify whether the conditions for access referred to in paragraph 2 are fulfilled. If all conditions for access are fulfilled, the duly authorised staff of the central access point shall process the requests. The VIS data accessed shall be transmitted to the team in such a way as not to compromise the security of the data.

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 35 Regulation (EC) No 767/2008

(a) the host Member State authorises the members of the team to consult VIS in order to fulfil the operational aims specified in the operational plan on border checks, or border surveillance ~~and return~~, and

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008
Article 45 e – paragraph 3

3. In accordance with Article 40(3) of Regulation (EU) 2016/1624, members of the teams~~, as well as teams of staff involved in return-related tasks~~ may only act in response to information obtained from the VIS under instructions from and, as a general rule, in the presence of border guards ~~or staff involved in return-related tasks~~ of the host Member State in which they are operating. The host Member State may authorise members of the teams to act on its behalf.

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008
Article 45 e – paragraph 7

7. Every log of data processing operations within the VIS by a member of the European Border and Coast Guard teams ~~or teams of staff involved in return- related tasks~~ shall be kept by the Management Authority in accordance with the provisions of Article 34.

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 38

Regulation (EC) No 767/2008
Article 50 – paragraph 1

1. The Management Authority shall ensure that procedures are in place to monitor the functioning of the VIS against objectives relating to output, cost- effectiveness, security, compliance with fundamental rights and quality of service.

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 38

Regulation (EC) No 767/2008
Article 50 – paragraph 5

5. Every four years ,the Commission shall produce an overall evaluation of the VIS. This overall evaluation shall include an examination of results achieved against objectives and an assessment of the continuing validity of the underlying rationale, the application of this Regulation in respect of the VIS, the security of the VIS, the impact on fundamental rights, the use made of the provisions referred to in Article 31 and any implications for future operations. The Commission shall transmit the evaluation to the European Parliament and the Council.

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 40

ENTRY AND USE OF DATA ON LONG STAY VISAS ~~AND RESIDENCE PERMITS~~(This amendment applies throughout the text of Chapter IIIa)

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008
Article 22 a – paragraph 2

~~2. Upon creation of the individual file, the VIS shall automatically launch the query pursuant to Article 22b.~~deleted

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008
Article 22 b

~~Article 22b~~deleted

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008
Article 22 c – paragraph 1 – point 2 – point e

~~(e) the surname, first name and address of the natural person or the name and address of the employer or any other organisation on which the application was based;~~deleted

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008
Article 22 d – paragraph 1 – point e

~~(e) the surname, first name and address of the natural personon whom the application is bas~~deleted;

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008
Article 22 h – paragraph 1

1. For the sole purpose of verifying the identity of the holder and the authenticity and the validity of the long- stay visa or residence permit ~~or whether the person is not a threat to public policy, internal security or public health of any of the Member States~~, the authorities competent for carrying out checks within the territory of the Member States as to whether the conditions for entry to, stay or residence on the territory of the Member States are fulfilled and, as applicable, police authorities, shall have access to search using the number of the long-stay visa or residence permit in combination with one or several of the data in Article 22c(2)(a), (b) and (c).

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008
Article 22 n – paragraph 3 – point e

~~(e) facial image.~~deleted

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point c

Regulation (EU) No 810/2009
Article 13 – paragraph 7 – point a

(a) children under the age of 612 and persons over the age of 70;;

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point b

Regulation (EU) No 810/2009
Article 21 – paragraphs 3 a and 3 b

~~[...]~~deleted

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 1 – point 4

Regulation (EU) No 810/2009
Article 21 a

~~[...]~~deleted

2018/11/15
Committee: LIBE

Proposal for a regulation
Article 5 – paragraph 1 – point 1

Regulation (EU) 2016/399
Article 8 – paragraph 3 – point b a

if the third-country national holds a long stay visa ~~or a residence permit~~, the thorough checks on entry shall also comprise verification of the identity of the holder of the long-stay visa ~~or residence permit~~ and the authenticity of the long-stay visa ~~or residence permit~~ by consulting the Visa Information System (VIS) in accordance with Article 22g of Regulation (EC) No 767/2008;

2018/11/15
Committee: LIBE