[ParlTrack]

Draft legislative resolution
Paragraph 1

1. ~~Adopts its position at first reading hereinafter set out~~Rejects the Commission proposal;

2020/10/02
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 3 Regulation (EU) 2018/1862

1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, in a read-only format, the right to access and search relevant data entered in SIS. Article 50(4) to (8) of this Regulation shall apply to this access and search.

2020/10/02
Committee: LIBE

Patrick BREYER

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

Regulation (EU) 2019/816
Article 1 – point d

the conditions under which data of third country nationals or stateless persons included in the ECRIS-TCN system may be used for ~~the purpose of border management in accordance with~~supporting the objectives of Regulation (EU) 2018/1240 of the European Parliament and of the Council* as listed in its Article 4(a). The data kept in the criminal records of the Member States, and thus in the ECRIS-TCN, shall not be modified or extended on the basis of assisting with this objective or of other EU Information Systems.

2020/10/02
Committee: LIBE

Patrick BREYER

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

Regulation (EU) 2019/816
Article 2 – paragraph 1

This Regulation applies to the processing of identity information of third country nationals who have been subject to convictions in the Member States ~~for the purpose of identifying the Member State(s) where such convictions were handed down, as well as for the purposes of border management [and contributing to facilitating and~~as stated in the Annex to Regulation (EU) 2018/1240 of the European Parliament and of the Council for the purpose of identifying the Member State(s) where such convictions were handed down in the previous 20 or 10 years depending on their nature, as well as for the purposes of that Regulation ass list~~ing~~ed in ~~the correct identification of persons]~~its Article 4(a).

2020/10/02
Committee: LIBE

Patrick BREYER

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

Regulation (EU) 2019/816
Article 2 – paragraph 2

With the exception of provisions relating to supporting the purposes of Regulation (EU) 2018/1240 and point (ii) of Article 5(1)(b), the provisions of this Regulation that apply to third country nationals also apply to citizens of the Union who also hold a nationality of a third country and who have been subject to convictions in the Member States.;

2020/10/02
Committee: LIBE

Patrick BREYER

Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a

Regulation (EU) 2019/816
Article 5 – paragraph 1 – point c

(c) where applicable, a flag indicating that the person concerned has been convicted for a terrorist offence o~~r other serious criminal offence~~ver the previous 20 years or for another serious criminal offence over the previous 10 years, if this is punishable under national law by a custodial sentence or a detention order of a maximum period of at least three years, as listed in the Annex to Regulation (EU) 2018/ 1240 (ETIAS), and in those cases the code of the convicting Member State(s).;

2020/10/02
Committee: LIBE

Patrick BREYER

Proposal for a regulation
Article 2 – paragraph 1 – point 6

Regulation (EU) 2019/816
Article 7a – paragraph 1

1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, in a read-only format, the right to access and search ECRIS-TCN data in the [CIR]. However, it shall only have access to data records to which a flag has been added in accordance with Article 5(1)(c) of this Regulation.

2020/10/02
Committee: LIBE

Patrick BREYER

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Regulation (EU) 2019/816
Article 22 – paragraph 1

1. The data included in the Central System [and the CIR] shall only be processed for the purpose of the identification of the Member State(s) holding the criminal records information of third country nationals, as well as for ~~the purposes of border management [as well as for facilitating and assisting in the correct identification of persons reg~~supporting the objectives of Regulation (EU) 2018/1240 of the European Parliament and of the Council, as listered in ~~the ECRIS-TCN system].~~its Article 4(a);

2020/10/02
Committee: LIBE

Patrick BREYER

Proposal for a regulation
Article 2 – paragraph 1 – point 9

Regulation (EU) 2019/816
Article 30 – paragraph 4 – subparagraph 2

Every month eu-LISA shall submit to the Commission statistics without allowing for individual identification relating to the recording, storage and exchange of information extracted from criminal records through the ECRIS-TCN system and the ECRIS Reference implementation, including on the data records which include a flag in accordance with Article 5(1)(c). Those statistics shall be evaluated by the Commission and the EDPS after the first year and then every two years, in order to evaluate the necessity and proportionality of the extension of the purposes of the ECRIS-TCN for border management and, more specifically, the provisions of Article 4(a) of the Regulation (EU) 2018/1240 of the European Parliament and of the Council. The evaluation reports shall be transmitted to the European Parliament and to the Council, and shall be made public.

2020/10/02
Committee: LIBE

Activities of Patrick BREYER related to 2019/0001(COD)

Shadow reports (1)

Amendments (9)

ParlTrack - 2011-2024