13 Amendments of Sophia IN 'T VELD related to 2020/0350(COD)
Amendment 79 #
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, after it has provided the reasons for doing so, 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 or 36 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 90 #
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 only enter an alert in SIS on persons who are third-country nationals on the basis of information received from a third country or an international organisation in accordance with Article 17(1)(b) of Regulation (EU) 2016/794, where, following a detailed individual assessment, it has established that the information relates to one of the following:
Amendment 96 #
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 ensuredstablished that this is necessary and justified, by ensuring all of the following:
Amendment 100 #
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 detailed individual 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 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 Article 25 of Regulation (EU) 2016/794;
Amendment 108 #
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 all the grounds for such entry to permit verification of compliance with the substantive and procedural requirements laid down in paragraphs 1, 2 and 3. Such records shall be available for the European Data Protection Supervisor on request.
Amendment 110 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 4 a (new)
Article 37a – paragraph 4 a (new)
4a. Europol shall keep detailed records relating to the proposed entry of an alert in SIS against which a reasoned objection was expressed by a Member State. Those records shall be made available for the purpose of the report pursuant to Article 74(3).
Amendment 120 #
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 immediately communicate the following information:
Amendment 128 #
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 immediately communicate the information referred to in paragraph 1(a) to Europol through the exchange of supplementary information.
Amendment 136 #
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 an audit of the data processing operations of Europol under this Regulation in accordance with international auditing standards at least every four years.
Amendment 162 #
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 and the European Parliament on:
Amendment 166 #
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 a new
Article 68 –paragraph 4 – subparagraph 1 – point g a new
(ga) the number of alerts on persons the retention periods of which have been extended in accordance with paragraph 6 of Article 53(8).
Amendment 167 #
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 their entirety in the joint report referred to in Article 71(4).
Amendment 172 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/1862
Article 74 – paragraph 3
Article 74 – paragraph 3
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. eu-LISA shall also produce daily, monthly and annual statistics showing the number of entries of records proposed by Europol, against which a reasoned objection was expressed by a Member State, per Member State and categorised by reason provided. The statistics produced shall not contain any personal data. The annual statistical report shall be published.