Activities of Patrick BREYER related to 2019/0002(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the conditions for accessing other EU information systems for ETIAS purposes and amending Regulation (EU) 2018/1240, Regulation (EC) No 767/2008, Regulation (EU) 2017/2226 and Regulation (EU) 2018/1861
Amendments (8)
Amendment 52 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the Commission proposal;
Amendment 62 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EU) 2018/1240
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
(23) ‘other EU information systems’ means the Entry/Exit System (‘EES’), the Visa Information System (‘VIS’), and the Schengen Information System (‘SIS’) and the European Criminal Record Information System – Third Country Nationals (‘ECRIS-TCN’).;
Amendment 69 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Regulation (EU) 2019/1240
Article 11 – paragraph 8 – subparagraph 1
Article 11 – paragraph 8 – subparagraph 1
Where hits are identified, the tool referred to in Article 11, shall, in a read-only format, make temporarily available the results in the application file to the ETIAS Central Unit, until the end of the manual process pursuant to Article 22(2) and Article 23(2). Where the data made available correspond to those of the applicant or where doubts remain, the unique ID code of the data having triggered a hit shall be kept in the application file.
Amendment 81 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11 – paragraph 11
Article 11 – paragraph 11
For the purpose of Article 25(2), Article 28(8) and Article 29(9) when registering the data related to hits into the ETIAS application file, the origin of the data shall be indicated. This shall include the type of the alert, except for alerts referred to in Article 23(1), the source of the data (which other EU information systems or Europol data), the unique identification number used in the source of the data having triggered the hit and the Member State that entered or supplied the data having triggered the hit and, where available, the date and time when the data was entered in the other EU information systems or Europol data. When a hit leads to a negative decision, the applicant shall be informed of the System which generated the hit for the purposes of ensuring the applicant's right to an effective remedy.
Amendment 91 #
Proposal for a regulation
Article 1 – paragraph 7
Article 1 – paragraph 7
Regulation (EU) 2018/1240
Article 20 – paragraph 2 – point n
Article 20 – paragraph 2 – point n
(n) whether the applicant corresponds to a person whose data is recorded in the ECRIS-TCN for terrorists offences and other serious criminal offenceconvicted for a criminal offence listed in the Annex to this Regulation, if that offence is punishable under national law by a custodial sentence or a detention order of a maximum period of at least three years, over the previous ten years and, in the case of terrorist offences, over the previous 20 years;
Amendment 119 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EC) 767/2008
Article 18c – paragraph 1
Article 18c – 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 relevant data in VIS in accordance with Article 11(8) of that Regulation.
Amendment 130 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
Regulation (EU) 2017/2226
Article 25a – paragraph 1
Article 25a – 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 data in the EES in accordance with Article 11(8) of that Regulation.
Amendment 134 #
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
Regulation (EU) 2018/1861
Article 36a – paragraph 1
Article 36a – 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 relevant data entered in SIS. The provisions of Article 36(4)-(8) apply to this access and search.