11 Amendments of Fabienne KELLER related to 2019/0001(COD)
Amendment 40 #
Proposal for a regulation
Recital 6
Recital 6
(6) For efficiency reasons and in order to decrease costs, ETIAS should, as provided for in Article 6(3) of Regulation (EU) 2018/1240, re-use hardware and software components developed for the Entry/Exit System (‘EES’) for the development of the shared identity repository. This repository used for the storage of the identity alphanumeric data of both ETIAS applicants and third-country nationals registered in the EES, should be developed in a way enabling its extension to become the future Common Identity Repository. In the same spirit, the tool to be established to enable ETIAS to compare its data with the ones of every other system consulted through a single query should be developed in a way enabling its evolution to become the future European Search Portal.
Amendment 41 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) The European Search Portal (ESP), established by Regulation (EU) 2019/817 of the European Parliament and of the Council will enable competent authorities to simultaneously query the underlying systems and the combined results will be displayed on a single screen.
Amendment 43 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Information on the same third- country national may have been stored at different time intervals and may therefore be of differing nature or quality. It is important that the ETIAS Central Unit and the ETIAS National Units study this data simultaneously, not separately, when it is requested. In particular, it is important that the units take account of this data, or the absence of such data, in the event of an ECRIS-TCN alert.
Amendment 45 #
Proposal for a regulation
Recital 12
Recital 12
(12) According to Article 73 of Regulation (EU) 2018/1240, the European agency for the operational management of large-scale information systems in the area of freedom, security and justice ('eu- LISA'), established by Regulation (EU) 2018/1726 of the European Parliament and of the Council30 , should be responsible for the design and technical development phase of the ETIAS Information System. _________________ 30Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99).
Amendment 49 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Regulation (EU) 2018/1862
Article 50b – paragraph 1
Article 50b – paragraph 1
1. From the start of operations of ETIAS, as provided for in Article 88(1) of Regulation (EU) 2018/1240, the Central System of SIS shall be connected to the tool referred to in Article 11 of Regulation (EU) 2018/1240ESP to enable the automated processing referred to in that Article.
Amendment 50 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Regulation (EU) 2018/1862
Article 50b – paragraph 3
Article 50b – paragraph 3
3. For the purpose of verifications referred to in Article 20(2)(a), (d) and (m)(i) and Article 23 of Regulation (EU) 2018/1240, the ETIAS Central System shall use the tool referred to in Article 11 of that RegulationESP to compare the data referred to in Article 11(5) Regulation 2018/1240 to data in SIS, in accordance with Article 11(8) of that Regulation.
Amendment 54 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EU) 2019/816
Article 1 – point d
Article 1 – point d
the conditions under which data included in the ECRIS-TCN system may be used forby the purpose of border managementETIAS Central Unit for identifying an application that might be security risk to the Schengen area, for the purpose of ETIAS, in accordance with Regulation (EU) 2018/1240 of the European Parliament and of the Council*.
Amendment 59 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) 2019/816
Article 2 – paragraph 1
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 assisting in the correct identification of persons] that pose a security risk.
Amendment 73 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
Regulation (EU) 2019/816
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) where applicable, a flag indicating that the person concerned has been convicted for a terrorist offence or any other serious criminal offence, as s specified in the Annex to Regulation (EU) 2018/1240 punishable under national law with a detention sentence of at least three years and in those cases the code of the convicting Member State(s).;
Amendment 78 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Regulation (EU) 2019/816
Article 7 – paragraph 5
Article 7 – paragraph 5
5. In the event of a hit, the Central System [or the CIR] shall automatically provide the competent authority with information on the Member State(s) holding criminal record information on the third country national, along with the associated reference number(s) referred to in Article 5(1) and any corresponding identity information. Such identity information shall only be used for the purpose of verification of the identity of the third country national concerned. The result of a search in the Central System may only be used for the purpose of making a request according to Article 6 of Framework Decision 2009/315/JHA, a request referred to in Article 16(4) of this Regulation, or for the purposes of border management [ and facilitating and assisting in the correct identification of persons registered in the ECRIS-TCN system].;
Amendment 88 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Regulation (EU) 2019/816
Article 22 – paragraph 1
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 registered in the ECRIS-TCN system] for the purposes of ETIAS.;