77 Amendments of Saskia BRICMONT related to 2020/0350(COD)
Amendment 43 #
Proposal for a regulation
–
–
The European Parliament rejects the Commission proposal.
Amendment 44 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Schengen Information System (‘SIS’) constitutes an essentialone of the existing tools for maintaining a high level of security within the area of freedom, security and justice of the Union by supporting operational cooperation between national competent authorities, in particular border guards, the police, customs authorities, immigration authorities, and authorities responsible for the prevention, detection, investigation or prosecution of criminal offences or execution of criminal penalties. Regulation (EU) 2018/1862 of the European Parliament and of the Council28 constitutes the legal basis for SIS in respect of matters falling within the scope of Chapters 4 and 5 of Title V of Part Three of the Treaty on Functioning of the European Union (TFEU). _________________ 28 Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56).
Amendment 47 #
Proposal for a regulation
Recital 3
Recital 3
(3) The European Union Agency for Law Enforcement Cooperation (Europol), established by Regulation (EU) 2016/794 of the European Parliament and of the Council29 , could plays an important role in the use of SIS and in the exchange of supplementary information with Member States on SIS alerts. Nevertheless, according to existing rules, alerts in SIS can only be issued by Member States’ competent authorities. _________________ 29Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53–114).
Amendment 49 #
Proposal for a regulation
Recital 4
Recital 4
(4) Given the increasingly global nature of serious crime and terrorism brought about by growing mobility, the information that third countries and international organisations, such as the International Criminal Police Organization and the International Criminal Court, obtain about criminals and terrorists is increasinglymay be relevant for the Union‘s security. Such information should contribute to the comprehensive efforts to ensure internal security in the European Union. Some of this information is only shared with Europol. While Europol may holds valuable information received from external partners on serious criminals and terrorists, it cannot issue alerts in SIS. Member States are also not always able to issue alerts in SIS on the basis of such informationin accordance with Article 17(1)(b) and Article 25(1) of Regulation (EU) 2016/794, on the people engaged in a serious crime or act of terrorism, it shouldn’t issue alerts in SIS.
Amendment 51 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to bridge the gap in information sharing on serious crime and terrorism, in particular on foreign terrorist fighters – where the monitoring of their movement is crucial – it is necessary to ensure Europol is able to make this information available directly and in real-time to front-line officers in Member States Europol should be able to make this information available directly and in real-time to Member States, although such updated powers may go beyond Article 88 of the TFEU which provides the legal basis for Europol.
Amendment 53 #
Proposal for a regulation
Recital 6
Recital 6
(6) Europol shcould therefore be authorised to propose to the Member States to enter alerts in SIS pursuant to Regulation (EU) 2018/1862, in full respect of fundamental rights and data protection rules.
Amendment 56 #
Proposal for a regulation
Recital 7
Recital 7
(7) To that end, a specific category of alert should be created in SIS, to be issued exclusively by Europol,Europol could propose to the Member States to enter alert in SIS in order to inform end-users carrying out a search in SIS that the person concerned is suspected of being involved inr accused of having committed a criminal offence in respect of which Europol is competent, and in order for Europol to obtain confirmation that the suspected or accused person who is subject to the alert has been located.
Amendment 57 #
Proposal for a regulation
Recital 8
Recital 8
(8) In order to assess, based on objective criteria and in line with the principle of necessity and proportionality, whether a concrete case is adequate, relevant and important enough to warrant the entry of an alert in SIS, and in order to confirm the reliability of the source of information and the accuracy of the information on the person concerned, Europol should carry out a detailed individual assessment of each case including further consultations with the third country or international organis, provided that the conditions in Article 25(1) of Regulation (EU) 2016/794 are met, or international organisation in accordance with Article 17(1)(b) of that Regulation that shared the data on the person concerned, as well as further analysis of the case, in particular by cross checking it against information it already holds in its databases, to confirm the accuracy of the information and complement it with other data on the basis of its own databases. The detailed individual assessment should include the analysis of whether there are sufficient grounds for considering that the person has committed or taken part in, or there are reasonable and concrete grounds to believe that such person will commit a criminal offence in respect of which Europol is competent.
Amendment 62 #
Proposal for a regulation
Recital 9
Recital 9
(9) Europol should only be able to propose to the Member States to enter an alert in SIS if the suspect or accused person concerned is not already subject to a SIS alert issued by a Member State. A further precondition for the creation of such an alert should be that Member States do not object to the alert being issued in SIS. Therefore, it is necessary to establish further rules on the obligations of Europol prior to entering data in SIS, in particular the obligation to consult the Member States in line with Regulation (EU) 2016/794. It should also be possible for Member States to request the deletion of an alert by Europol, in particular if they obtain new information about the suspect or accused person who is the subject of the alert, if their national security requires so or, when it is likely that the alert would represent a risk for official or legal inquiries, investigations or procedures, or when the alert would lead to a disproportionate interference with the fundamental rights of the person concerned. Europol should duly justify each proposal made to Member States for entry an alert in SIS.
Amendment 64 #
Proposal for a regulation
Recital 10
Recital 10
(10) Europol should keep records of the individual assessment of each case, which should include the grounds for enterproposing the alert, for the purposes of verifying the lawfulness of the data processing, self- monitoring and ensuring proper data integrity and security, while ensuring full respect for fundamental rights enshrined in the Charter and data protection rules in accordance with Regulation (EU) 2018/1725, with particular focus on vulnerable persons, including children, unaccompanied minors and other persons in a vulnerable situation, as well as on persons seeking international protection. In accordance with Regulation (EU) 2016/794, Europol should co-operate with the European Data Protection Supervisor and make these records available upon requestto him or her, so that they can be used for monitoring the lawfulness of processing operations.
Amendment 68 #
Proposal for a regulation
Recital 11
Recital 11
(11) It is necessary to establish additional rules concerning the deletion of alerts entered in SIS byon the proposal of Europol. An alert should be kept only for the time required to achieve the purpose for which it was entered. It is therefore appropriate to set out detailed criteria in accordance with Regulation (EU) 2018/1725 to determine when the alert should be deleted. ASuch an alert entered by Europol in SIS should be deleted in particular if a Member State objects, another alert is entered in SIS by another Member State, or if Europol or any Member State becomes aware that the information received from the third country or international organisation was incorrect or was communicated to Europol for unlawful purposes, for example if sharing the information on the person was motivated by political reasons or in contradiction with international human rights standards.
Amendment 72 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 74 #
Proposal for a regulation
Recital 14
Recital 14
(14) Since the objectives of this Regulation, namely the establishment and regulation of a specific alert category issued by Europol in SIS in order to exchange information on persons who represent a threat to the internal security of the European Unionproviding for the possibility that Europol proposes to the Member States to enter a specific alert in SIS in order to exchange information on suspects or accused persons who have committed or taken part in a criminal offence, or on whom there are reasonable and concrete grounds to believe that will commit a criminal offence in respect of which Europol is competent, cannot be sufficiently achieved by the Member States, but can rather, by reason of their nature be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is strictly necessary in order to achieve those objectives.
Amendment 76 #
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation fully respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation fully respects the protection of personal data in accordance with Article 8 of the Charter of Fundamental Rights of the European Union whileand Regulation (EU) 2018/1725. This Regulation also seekings to ensure a safe environment for all persons residing on the territory ofin the Union.
Amendment 77 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2018/1862
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation also lays down provisions on the technical architecture of SIS, on the responsibilities of the Member States, the European Union Agency for Law Enforcement Cooperation (‘Europol’) and of the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), on data processing, on the rights of the persons concerned and on li, on liability and accountability.
Amendment 78 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1862
Article 3 – point 22
Article 3 – point 22
Amendment 81 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EU) 2018/1862
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Where a Member State considers that to give effect to an alert entered in accordance with Article 26, 32, 36 or 37a is incompatible with its national law, its international obligations or essential national interests, it may require that a flag be added to the alert to the effect that the action to be taken on the basis of the alert will not be taken in its territory. Flags on alerts entered in accordance with Article 26, 32, 36 or 367a shall be added by the SIRENE Bureau of the issuing Member State, flags on alerts entered in accordance with Article 37a shall be added by Europol.
Amendment 82 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EU) 2018/1862
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 83 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Chapter IXa – Title
Chapter IXa – Title
Alerts enterproposed by Europol on persons of interestsuspected or accused of having committed a criminal offence
Amendment 85 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 1
Article 37a – paragraph 1
1. Europol may enter alerts onpropose to the Member States to enter alerts on suspects and accused persons in SIS for the purpose of informing end- users carrying out a search in SIS of the suspected involvement of those persons in a criminal offence in respect of which Europol is competent in accordance with Article 3 of Regulation (EU) 2016/794, as well as for the purpose of obtaining information in accordance with Article 37b of this Regulation that the person concerned has been located. The Fundamental Rights Officer and the Data Protection Officer shall be involved whenever Europol uses this prerogative. The EDPS shall be informed and may also be involved if he or she deems it necessary.
Amendment 88 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 2 – introductory part
Article 37a – paragraph 2 – introductory part
2. Europol may onlypropose to the Member States to enter such an alert in SIS on suspects or accused persons who are third-country nationals on the basis of information received from a third country, subject to the conditions referred to in Article 25(1) of Regulation (EU) 2016/794, or an international organisation, in accordance with Article 17(1)(b) of Regulation (EU) 2016/794, where the information relates to one of the following:
Amendment 95 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 2 – point b
Article 37a – paragraph 2 – point b
(b) persons regarding whom there are factual indications orconcrete and reasonable grounds to believe that they will commit criminal offences in respect of which Europol is competent in accordance with Article 3 of Regulation (EU) 2016/794.
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 3 – introductory part
Article 37a – paragraph 3 – introductory part
3. Europol may only enter an alert in SIS after it has ensured all ofshall ensure the following:
Amendment 99 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 3 – point a
Article 37a – paragraph 3 – point a
(a) an analysis of the data provided in accordance with paragraph 2 confirmed the reliability of the source of information and the accuracy of the information on the suspect or accused person concerned, permitting Europol to determine that that person falls within the scope of paragraph 2, where necessary, after having carried out further exchanges of information with the data provider in accordance with, where necessary and in accordance with the provisions set out in the SIRENE Manual, with the data provider, and provided that the conditions in Article 25(1) of Regulation (EU) 2016/794 are met;
Amendment 101 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 3 – point b
Article 37a – paragraph 3 – point b
(b) a verification confirmed that entering the alert is strictly necessary for achieving Europol’s objectives as laid down in Article 3 of Regulation (EU) 2016/794;
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 3 – point c
Article 37a – paragraph 3 – point c
(c) a search in SIS, carried out in accordance with Article 48 of this Regulation, did not disclose the existence of an alert on the suspect or accused person concerned;
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 3 – point d – introductory part
Article 37a – paragraph 3 – point d – introductory part
(d) a consultation, involving the sharing of information on the suspect or accused person concerned with Member States participating in Regulation (EU) 2016/794 in accordance with Article 7 of that Regulation, confirmed that: no objection was expressed by any Member State regarding the proposed entry of an alert in SIS on the suspected or accused person.
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 3 – point d – point i
Article 37a – paragraph 3 – point d – point i
Amendment 106 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 3 – point d – point ii
Article 37a – paragraph 3 – point d – point ii
Amendment 109 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 4
Article 37a – paragraph 4
4. Europol shall keep detailed records relating to the entry of the alert in SIS and the grounds for suchproposing the entry to permit verification of compliance with the substantive and procedural requirements laid down in paragraphs 1, 2 and 3. Such records shall be made available forto the European Data Protection Supervisor on request.
Amendment 111 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 5
Article 37a – paragraph 5
Amendment 113 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Regulation (EU) 2018/1862
Article 37a – paragraph 5 a – new
Article 37a – paragraph 5 a – new
5a. Alerts on persons referred to in points (a) and (b) of paragraph 2 shall be verified and entered in accordance with the national law of the issuing Member State and with the requirements and provisions enshrined in Articles 36 and 37 of this Regulation.
Amendment 115 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 6
Article 37a – paragraph 6
6. The requirements and obligations applicable to the issuing Member State in Articles 20, 21, 22, 42, 56, 59, 61, 62 and 63 shall apply to Europol when processing data in SIS.
Amendment 116 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 6 a (new)
Article 37a – paragraph 6 a (new)
6a. The Fundamental Rights Officer and the Data Protection Officer shall be involved whenever Europol uses the SIS and in the procedure determining the grounds on the basis of which Europol proposes to enter an alert in SIS. The EDPS shall be informed and may also be involved if he or she deems it necessary on a case-by-case basis.
Amendment 118 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37b – paragraph 1 – introductory part
Article 37b – paragraph 1 – introductory part
1. In the event of a hit on an alert enterproposed by Europol, the executing Member State shall:
Amendment 119 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37b – paragraph 1 – point a
Article 37b – paragraph 1 – point a
(a) collect and communicate to the issuing Member State and to Europol the following information:
Amendment 121 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37b – paragraph 1 – point a – point i
Article 37b – paragraph 1 – point a – point i
(i) the fact that the suspect or accused person who is the subject of an alert has been located;
Amendment 122 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37b – paragraph 1 – point a – point ii
Article 37b – paragraph 1 – point a – point ii
(ii) the place, time and reason for the check;.
Amendment 123 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37b – paragraph 1 – point b
Article 37b – paragraph 1 – point b
Amendment 125 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37b – paragraph 1a (new)
Article 37b – paragraph 1a (new)
1a. The Fundamental Rights Officer and the Data Protection Officer shall be informed where there is a hit on an alert proposed by Europol. The EDPS shall be informed and may also be involved if he or she deems it necessary on a case-by- case basis.
Amendment 127 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37b – paragraph 2
Article 37b – paragraph 2
2. The executing Member State shall communicate the information referred to in paragraph 1(a) to Europol through the exchange of supplementary information. in accordance with the provisions set out in the SIRENE Manual.
Amendment 129 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37b – paragraph 2 a (new)
Article 37b – paragraph 2 a (new)
2a. Further measures will be taken by the executing Member States in accordance with paragraphs 3 to 7 of Article 37. Europol may provide support in line with the requirements and obligations of Regulation (EU) 2016/794.
Amendment 130 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EU) 2018/1862
Article 48 – title
Article 48 – title
Amendment 131 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EU) 2018/1862
Article 48 – paragraph 1 – subparagraph 1
Article 48 – paragraph 1 – subparagraph 1
Europol shall, where strictly necessary and duly justified to fulfil its mandate, as well as in consultation with the Fundamental Rights Officer and the Data Protection Officer, have the right to access and search data in SIS and to enter, update and deletepropose to the Member States the entry of alerts pursuant to Article 37a of this Regulation. Europol shall enter, update, delete and search SIS data through a dedicated technical interface. The technical interface shall be set up and maintained by Europol , while ensuring compliance with the common standards, protocols and technical procedures defined in Article 9 of this Regulation and shall allow direct connection to Central SISfundamental rights and the data protection rules in accordance with Regulation (EU) 2018/1725.
Amendment 132 #
Europol shallmay also exchange and further request supplementary information in accordance with the provisions of the SIRENE Manual. To that end, Europol shall ensure availability to supplementary information related to its own alerts 24 hours a day, 7 days a weekArticle 37b and of the SIRENE Manual.
Amendment 134 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EU) 2018/1862
Article 48 – paragraph 4
Article 48 – paragraph 4
4. Europol's use of information obtained from a search in SIS or from the processing of supplementary information shall be subject to the consent of the Member State that provided the information either as issuing Member State or as executing Member State. If the Member State allows the use of such information, its handling by Europol shall be governed by Regulation (EU) 2016/794. Europol shall only communicate such information to third countries and third bodies with the consent of the Member State that provided the information and in full compliance with Union law on data protection and the requirements and safeguards set out in Regulation (EU) 2018/1725 shall be met. Europol shall only communicate such information to third countries that are subject to the conditions in Article 25(1) of Regulation (EU) 2018/1725, with the consent of the Member State that provided the information and in full compliance with Union law on data protection and with the Charter. Where Europol uses and communicates information obtained from a search in SIS, the Fundamental Rights Officer and the Data Protection Officer shall be informed.
Amendment 135 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Regulation (EU) 2018/1862
Article 48 – paragraph 7a
Article 48 – paragraph 7a
7a. The European Data Protection Supervisor shall carry out anregular audits of the data processing operations of Europol under this Regulation in accordance with international auditing standards at least every four years. The EDPS shall also carry out specific additional audits when he or she deems it necessary. A report on that audit shall be sent to the European Parliament and to the Joint Parliamentary Scrutiny Group provided for in Article 51 of Regulation (EU) 2016/794.
Amendment 137 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point -a (new)
Article 1 – paragraph 1 – point 6 – point -a (new)
Regulation (EU) 2018/1862
Article 53 – paragraph 4
Article 53 – paragraph 4
(-a) paragraph 4 is replaced by the following: 4. A Member State may enter an alert on a person for the purposes of points (c), (d) and (e) of Article 32 (1), of Article 36 and of Article 367a (1) for a period of one year. The issuing Member State shall review the need to retain the alert within the one year period.
Amendment 138 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EU) 2018/1862
Article 53 – paragraph 5a
Article 53 – paragraph 5a
Amendment 140 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Regulation (EU) 2018/1862
Article 53 – paragraph 6
Article 53 – paragraph 6
6. Within the review period referred to in paragraphs 2, 3, 4, 5 and 5a, the issuing Member State, and in the case of personal data entered in SIS pursuant to Article 37a of this Regulation, Europol, may, following a comprehensive individual assessment, which shall be recorded, decide to retain the alert on a person for longer than the review period, where this proves necessary and, proportionate forand limited to the purposes for which the alert was entered. In such cases paragraph 2, 3, 4, 5 or 5a of this Article shall also apply to the extension. Any such extension shall be communicated to CS- SIS.
Amendment 141 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Regulation (EU) 2018/1862
Article 53 – paragraph 7
Article 53 – paragraph 7
7. Alerts on persons shall be deleted automatically after the review period referred to in paragraphs 2, 3, 4, 5 and 5a has expired, except where the issuing Member State or in the case of alerts entered in SIS pursuant to Article 37a of this Regulation Europol, has informed CS-SIS of an extension pursuant to paragraph 6 of this Article or the extension period referred to in paragraph 6 have expired. CS-SIS shall automaticalimmediately inform the issuing Member State or Europol of the scheduled deletion of data four months in advance and also once the data is deleted.
Amendment 144 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) 2018/1862
Article 55 – paragraph 6a – introductory part
Article 55 – paragraph 6a – introductory part
6a. Alerts on persons entered by Europol pursuant to Article 37a shall be deleted upon:
Amendment 145 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) 2018/1862
Article 55 – paragraph 6a – point a a (new)
Article 55 – paragraph 6a – point a a (new)
(aa) a decision to delete them by the competent authority of the issuing Member State;
Amendment 146 #
(b) a decision to delete them by Europolthe issuing Member State, in particular when after entering the alert Europolit becomes aware that the information received under Article 37a (2) was incorrect or was communicated to Europol for unlawful purposes, or when Europolthe issuing Member State becomes aware or is informed by a Member State or Europol, that the person who is the subject of the alert no longer falls under the scope of Article 37a(2);.
Amendment 147 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) 2018/1862
Article 55 – paragraph 6a – point c
Article 55 – paragraph 6a – point c
Amendment 148 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 Regulation (EU) 2018/1862
Article 1 – paragraph 1 – point 7 Regulation (EU) 2018/1862
Amendment 149 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Regulation (EU) 2018/1862
Article 56 – paragraph 5
Article 56 – paragraph 5
5. With regard to the alerts laid down in Articles 26, 32, 34, 36, 37a, 38 and 40 of this Regulation, any processing of information in SIS for purposes other than those for which it was entered into SIS has to be linked with a specific case and justified by the need to prevent an imminent and serious threat to public policy and to public security, on serious grounds of national security or for the purposes of preventing a serious crime. Prior authorisation from the issuing Member State or from Europol if the data was entered pursuant to Article 37a of this Regulation, shall be obtained for this purpose.
Amendment 150 #
1. Where upon a new alert being entered it becomes apparent that there is already an alert in SIS on a person with the same description of identity, the SIRENE Bureau shall contact the issuing Member State or if the alert was entered pursuant to Article 37a of this Regulation Europol, through the exchange of supplementary information within 12 hours to cross-check whether the subjects of the two alerts are the same person.
Amendment 151 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1862
Article 61 – paragraph 2
Article 61 – paragraph 2
2. Where the cross-check reveals that the subject of the new alert and the person subject to the alert already entered in SIS are indeed one and the same person, the SIRENE Bureau of the issuing Member State shall apply the procedure for entering multiple alerts referred to in Article 23. By way of derogation, Europol shall delete the alert it has entered as referred to in point (c) of Article 55(6a).
Amendment 152 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2018/1862
Article 67 – paragraph 1
Article 67 – paragraph 1
(1) Data subjects shall be able to exercise the rights laid down in Articles 15, 16 and 17 of Regulation (EU) 2016/679, in the national provisions transposing Article 14 and Article 16 (1) and (2) of Directive (EU) 2016/680 and in Chapter IX of Regulation (EU) 2018/1725, including the right to obtain the immediate erasure of all the information entered in the system in the cases foreseen in Article 55(6a).
Amendment 153 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2018/1862
Article 67 – paragraph 2
Article 67 – paragraph 2
(2) A Member State other than the issuing Member State may provide to the data subject information concerning any of the data subject's personal data that are being processed only if it first gives the issuing Member State an opportunity to state its position. If the personal data was entered in SIS by Europol, the Member State that received the request shall refer the request to Europol without delay, and in any case within 5 days of receipt, and Europol shall process the request in accordance with Regulation (EU) 2016/794 and Regulation (EU) 2018/1725. If Europol receives a request concerning personal data entered in SIS by a Member State, Europol shall refer the request to the alert issuing Member State without delay, and in any case within 5 days of receipt. The communication between those Member States and between the Member States and Europol shall be carried out through the exchange of supplementary information.
Amendment 154 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2018/1862
Article 67 – paragraph 3 – subparagraph 1 – introductory part
Article 67 – paragraph 3 – subparagraph 1 – introductory part
(3) A Member State in accordance with its national law, including law transposing Directive (EU) 2016/680 and, in the case of personal data entered in SIS under Article 37a of this Regulation, Europol in accordance with Chapter IX of Regulation (EU) 2018/1725, shall take a decision not to provide information to the data subject, in whole or in part, to the extent that, and for as long as such a partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the fundamental rights and legitimate interests of the data subject concerned, in order to:
Amendment 155 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10 Regulation (EU) 2018/1862
Article 1 – paragraph 1 – point 10 Regulation (EU) 2018/1862
In cases referred to in the first subparagraph, the Member State or, in the case of personal data entered in SIS pursuant to Article 37a of this Regulation, Europol, shall inform the data subject in writing, without undue delay, of any refusal or restriction of access and of the reasons for the refusal or restriction. Such information may be omitted where its provision would undermine any of the reasons set out in points (a) to (e) of the first subparagraph of this paragraph. The Member State or, in the case of personal data entered in SIS pursuant to Article 37a of this Regulation, Europol,The Member State shall inform the data subject of the possibility of lodging a complaint with a supervisory authority or of seeking a judicial remedy.
Amendment 156 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2018/1862
Article 67 – paragraph 3 – subparagraph 3
Article 67 – paragraph 3 – subparagraph 3
The Member State, or, in the case of personal data entered in SIS pursuant to Article 37a of this Regulation, Europol, shall document the factual orand legal reasons on which the decision not to provide information to the data subject is based. That information shall be made available to the competent supervisory authorities. For such cases, the data subject shall also be able to exercise his or her rights, including the right to seek remedy, through the competent supervisory authorities.
Amendment 157 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2018/1862
Article 67 – paragraph 4
Article 67 – paragraph 4
(4) Following an application for access, rectification or erasure, the Member State or, in the case of personal data entered in SIS pursuant to Article 37a of this Regulation, Europol, shall inform the data subject about the follow-up given to the exercise of the rights under this Article without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. The Member State or, in the case of personal data entered in SIS pursuant to Article 37a of this Regulation, Europol, shall inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the data subject makes the request by electronic means, the information shall, where possible, be provided by electronic means unless otherwise requested by the data subject.
Amendment 158 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 Regulation (EU) 2018/1862
Article 1 – paragraph 1 – point 11 Regulation (EU) 2018/1862
(1) Without prejudice to the provisions on remedies of Regulation (EU) 2016/679 and of Directive (EU) 2016/680, any person may bring an action before any competent supervisory authority or a court, under the law of any Member State to access, rectify, erase, obtain information or obtain compensation in connection with an alert relating to him or her. The competent supervisory authority shall regularly inform the person of the progress and the outcome of the action.
Amendment 159 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2018/1862
Article 68 – paragraph 2
Article 68 – paragraph 2
(2) Without prejudice to the provisions on remedies of Regulation (EU) 2018/1725, any person may lodge a complaint with the European Data Protection Supervisor in order to access, rectify, erase, obtain information or obtain compensation in connection with an alert relating to him or her entered by Europolthe information related to him or her provided by Europol in accordance of paragraph 2 of Article 37a. The European Data Protection Supervisor shall inform the complainant of the progress and the outcome of the complaint, including of the possibility of a judicial remedy pursuant to Regulation (EU) 2018/1725.
Amendment 160 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2018/1862
Article 68 – paragraph 3
Article 68 – paragraph 3
(3) The Member States and Europol undertake mutually to enforce final decisions handed down by the courts, authorities or bodies referred to in paragraphs 1 and 2 of this Article, without prejudice to Article 72.
Amendment 164 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2018/1862
Article 68 – paragraph 4 – subparagraph 1 – introductory part
Article 68 – paragraph 4 – subparagraph 1 – introductory part
(4) Member States and Europol shall report annually to the European Data Protection Board on:
Amendment 165 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2018/1862
Article 68 – paragraph 4 – subparagraph 1 – point g
Article 68 – paragraph 4 – subparagraph 1 – point g
(g) any observations on cases of mutual recognition of final decisions handed down by the courts or authorities of other Member States on alerts entered by the issuing Member State or Europol.
Amendment 168 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2018/1862
Article 68 – paragraph 5
Article 68 – paragraph 5
(5) The reports from the Member States and Europol shall be included in the joint report referred to in Article 71(4).
Amendment 169 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EU) 2018/1862
Article 71 – paragraph 4
Article 71 – paragraph 4
(11a) in Article 71, paragraph 4 is replaced by the following: 4. A joint report of activities as regards coordinated supervision shall be sent annually by the European Data Protection Board to the European Parliament, to the Council, and to the Commission and to the Joint Parliamentary Scrutiny Group provided for in Article 51 of Regulation (EU) 2016/794.
Amendment 170 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2018/1862
Article 72 – paragraph 1 – subparagraph 2
Article 72 – paragraph 1 – subparagraph 2
Amendment 171 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2018/1862
Article 72 – paragraph 3
Article 72 – paragraph 3
(3) Claims for compensation against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the national law of that Member State. Claims for compensation against Europol for the damage referred to in paragraphs 1 and 2 shall be governed by Regulation (EU) 2016/794 and subject to the conditions provided for in the Treaties. Any person who has suffered material or non-material damage as a result of an infringement of Regulation (EU) 2016/794 shall have the right to receive compensation in accordance to Article 65 of Regulation (EU) 2018/1725. Claims for compensation against eu-LISA for the damage referred to in paragraphs 1 and 2 shall be subject to the conditions provided for in the Treaties.
Amendment 173 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
3. eu-LISA shall produce daily, monthly and annual statistics showing the number of records per category of alerts, both for each Member State, Europol and in aggregate. eu-LISA shall also provide annual reports on the number of hits per category of alert, how many times SIS was searched and how many times SIS was accessed for the purpose of entering, updating or deleting an alert, both for each Member State, Europol and in aggregate. The statistics produced shall not contain any personal data. The annual statistical report shall be published. The statistics concerning alerts based on Europol’s information shall be included in Europol's multiannual programming and annual work programme.
Amendment 174 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EU) 2018/1862
Article 78 a new
Article 78 a new
(13a) The following article 78a is inserted: Article 78a Reporting The Commission shall, by [three years after entry into force of this Regulation], submit to the European Parliament and to the Council, an impact assessment and evaluation of the implementation of the provisions relating to the entry of alerts in SIS by Europol. The report shall assess the impact of those provisions on fundamental rights and freedoms as enshrined in the Charter of Fundamental Rights, as well as their added value.
Amendment 176 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/1862
Article 79 – paragraph 7
Article 79 – paragraph 7