Activities of Dennis de JONG related to 2017/0144(COD)
Plenary speeches (1)
Centralised system for the identification of Member States holding conviction information on third country nationals and stateless persons (ECRIS-TCN) (A8-0018/2018 - Daniel Dalton) (vote)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a centralised system for the identification of Member States holding conviction information on third country nationals and stateless persons (TCN) to supplement and support the European Criminal Records Information System (ECRIS-TCN system) and amending Regulation (EU) No 1077/2011 PDF (915 KB) DOC (137 KB)
Amendments (44)
Amendment 50 #
Proposal for a regulation
Recital 2
Recital 2
(2) This objective requires that information on convictions handed down in the Member States be taken into account outside the convicting Member State, both in the course of new criminal proceedings, as laid down in Council Framework Decision 2008/675/JHA19, as well as in order to prevent new offences. _________________ 19 Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings (OJ L220, 15.8.2008, p. 32).
Amendment 70 #
Proposal for a regulation
Recital 11
Recital 11
(11) The ECRIS-TCN system should contain only the identity information of third country nationals convicted by a criminal court within the Union, to the extent that the decision is entered in the criminal record of the convicting Member State. Such identity information should include alphanumeric data, and fingerprint data in accordance with Framework Decision 2009/315/JHA, and facial images in as far as they are recorded in the national criminal records databases of the Member States.
Amendment 77 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 79 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 86 #
Proposal for a regulation
Recital 16
Recital 16
(16) Member States shouldmay also create records in the ECRIS-TCN system regarding third country nationals convicted prior to the entry into force of the Regulation in order to ensure the maximum effectiveness of the system. However, for this purpose Member States should not be obliged to collect information which was not already entered into their criminal records prior to the entry into force of this Regulation.
Amendment 88 #
Proposal for a regulation
Recital 17
Recital 17
(17) Improving the circulation of information on convictions should assist Member States in their implementation of Framework Decision 2008/675/JHA, which obliges the Member States to take account of previous convictions in other Member States in the course of new criminal proceedings, to the extent previous national convictions are taken into account in accordance with national law.
Amendment 91 #
Proposal for a regulation
Recital 18
Recital 18
(18) Member States should be obliged to make use of the ECRIS-TCN system in all cases where they receive a request for information on previous convictions of third country nationals in accordance with national law, and follow up on any hits with the Member States identified through the ECRIS system. This obligation should not be limited only to requests in connection with criminal investigations.
Amendment 107 #
Proposal for a regulation
Recital 24
Recital 24
(24) Rules on the liability of the Member States and Union agencies making use of the ECRIS-TCN system in respect to damage arising from any breach of this Regulation should be laid down .
Amendment 113 #
Proposal for a regulation
Recital 26
Recital 26
(26) In order to ensure uniform conditions for the establishment and operational management of the ECRIS- TCN system, implementing and delegated powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council28 . _________________ 28 Regulation (EU) No 182/2011 of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p.13)
Amendment 123 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) 'third country national' means a national of a country other than a Member State regardless of whether the person also holds the nationality of a Member State, or a stateless person or a person whose nationality is unknown to the convicting Member Stateperson who is not a citizen of the Union within the meaning of Article 20(1) TFEU;
Amendment 128 #
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) 'fingerprint data' means the data relating to plain and rolled impressions of the fingerprints of all ten fingersthat have been collected during criminal proceedings in accordance with national law;
Amendment 130 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
Amendment 140 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. For each convicted third country national, the central authority of the convicting Memberwhose data have been entered in the criminal record of the convicting Member State, the central authority of that State shall create a data record in the Central System. The data record shall include the following data:
Amendment 148 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 159 #
Proposal for a regulation
Article 6
Article 6
Amendment 166 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. When criminal records information on a third country national is requested in a Member State for the purposes of criminal proceedings against that third country national or for any purposes other than that of criminal proceedings in accordance with its national law, the central authority of that Member State shall use the ECRIS-TCN system to identify the Member State(s) holding criminal record information on that third county national in order to obtain information on previous convictions through ECRIS.
Amendment 173 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 181 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Upon expiry of the retention period referred to in paragraph 1, the central authority of the convicting Member State shall immediately and permanently erase the individual data record without delay from the Central System, and in any event no later than one month after the expiry of that retention period.
Amendment 186 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. If a Member State has reason to believe that the data it has recorded in the Central System are inaccurate or that data were processed in the Central System in contravention of this Regulation, it shall check the data concerned and, if necessary, immediately amend them or delete them from the Central System without delay. It shall immediately inform the European Data Protection Supervisor and the national supervisory authority for data protection of any such incidents.
Amendment 189 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If a Member State other than the Member State which entered the data has reason to believe that data recorded in the Central System are inaccurate or that data was processed in the Central System in contravention of this Regulation, it shall immediately contact the central authority of the convicting Member State without delay. The convicting Member State shall promptly check the accuracy of the data and the lawfulness of its processing within one month, and in any event not later than within one month. In these cases, the convicting Member State shall immediately inform the European Data Protection Supervisor and the national supervisory authority for data protection of any such incidents.
Amendment 198 #
Proposal for a regulation
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
Amendment 202 #
Proposal for a regulation
Article 10 – paragraph 1 – point f
Article 10 – paragraph 1 – point f
Amendment 204 #
Proposal for a regulation
Article 10 – paragraph 1 – point g
Article 10 – paragraph 1 – point g
Amendment 206 #
Proposal for a regulation
Article 10 – paragraph 1 – point h
Article 10 – paragraph 1 – point h
Amendment 208 #
Proposal for a regulation
Article 10 – paragraph 1 – point i
Article 10 – paragraph 1 – point i
Amendment 214 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Adoption of delegated acts by the Commission The Commission shall adopt delegated acts in accordance with Article 35a concerning: (a) entering the data in accordance with Article 5; (b) accessing the data in accordance with Article 7; (c) amending and deleting the data in accordance with Articles 8 and 9; (d) keeping and accessing the logs in accordance with Article 29;
Amendment 215 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. eu-LISA shall be responsible for the development andof the ECRIS-TCN system in accordance with the principle of data protection by design and by default. In addition, eu-LISA shall be responsible for the operational management of the ECRIS-TCN system. The development shall consist of the elaboration and implementation of the technical specifications, testing and overall project coordination.
Amendment 227 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Prior to the design and development phase, a Programme Management Board composed of a maximum of ten members shall be established by the Management Board of eu-LISA. It shall be composed of eightseven representatives appointed by the Management Board, the Chair of the ECRIS-TCN system Advisory Group referred to in Article 36 and, one member appointed by the Commission and one member appointed by the European Data Protection Supervisor. The members appointed by the Management Board shall be elected only from those Member States which are fully bound under Union law by the legislative instruments governing the ECRIS and which will participate in the ECRIS-TCN system. The Management Board shall ensure that the representatives it appoints shall have the necessary experience and expertise in the development and management of IT systems supporting judicial and criminal records authorities. The Programme Management Board shall meet at least once every three months, and more often when necessary. It shall ensure the adequate management of the design and development phase of the ECRIS-TCN system. The Programme Management Board shall submit written reports every month to eu-LISA’s Management Board on progress of the project. It shall have no decision-making power nor any mandate to represent the members of the Management Board.
Amendment 242 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the data are collected lawfully and fully respect the human dignityfundamental rights of the third country national;
Amendment 243 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. eu-LISA shall ensure that the ECRIS-TCN system is operated in accordance with this Regulation and, the implementing acts referred to in Article 10 and the delegated acts referred to in Article 10a, as well as in accordance with Regulation (EC) No 45/2001 [or its successor Regulation]. In particular, eu- LISA shall take the necessary measures to ensure the security of the Central System and the Communication Infrastructure between the Central System and the national central access point, without prejudice to the responsibilities of each Member State.
Amendment 267 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Member States shall ensure that each central authority takes the measures necessary to comply with this Regulation and cooperates, where necessary, with the supervisory authority and national supervisory authority.
Amendment 278 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. If a request is made to a Member State other than the convicting Member State, the authorities of the Member State to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ECRIS-TCN system within a time limit of one month if that check can be done without consulting the convicting Member State. Otherwise, the Member State other than the convicting Member State shall contact the authorities of the convicting Member State within 14 days and the convicting Member State shall check the accuracy of the data and the lawfulness of the data processing and respond within one month from the contact.
Amendment 281 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. In the event that data recorded in the ECRIS-TCN system are factually inaccurate or have been recorded unlawfully, the convicting Member State shall correct or delete the data in accordance with Article 9. The convicting Member State or, where applicable, the Member State to which the request has been made shall immediately confirm in writing to the person concerned without delay that action has been taken to correct or delete data relating to that person.
Amendment 282 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. If the Member State to which the request has been made does not agree that data recorded in the ECRIS-TCN system are factually inaccurate or have been recorded unlawfully, that Member State shall adopt an administrative decision explaining in writing to the person concerned without delay why it is not prepared to correct or delete data relating to him or her. Such cases shall be communicated to the European Data Protection Supervisor and the national supervisory authority for data protection.
Amendment 285 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. In each Member State, the supervisory authority shall, be able to audit the central authorities, shall be informed of all incidents referred to in Article 9(3) and (4) and Article 23(4), and upon request, assist and advise the person concerned in exercising his or her right to correct or delete data relating to him or her.
Amendment 287 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. In each Member State any person shall have the right to an effective remedy and, in this respect, the right to bring an action or a complaint in the Member State which refused the right of access to or the right of correction or deletion of data relating to him or her, provided for in Article 23.
Amendment 291 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The supervisory authority shall ensure that an audit of the data processing operations in the national criminal records and fingerprints databases is carried out in accordance with relevant international auditing standards at least every four yearsnnually from the start of operations of the ECRIS- TCN system.
Amendment 309 #
Proposal for a regulation
Article 33 – paragraph 1 – point a
Article 33 – paragraph 1 – point a
(a) the measures referred to in Articles 10 and 10a have been adopted;
Amendment 310 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. TwoOne years after the start of operations of the ECRIS-TCN system and every year thereafter, eu-LISA shall submit to the Commission a report on the technical functioning of the ECRIS-TCN system and the ECRIS reference implementation, including the security thereof, based in particular on the statistics on the functioning and use of ECRIS-TCN system and on the exchange, through the ECRIS reference implementation, of information extracted from the criminal records.
Amendment 314 #
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. Threewo years after the start of operations of the ECRIS-TCN system and every fourtwo years thereafter, the Commission shall produce an overall evaluation of the ECRIS-TCN system and the ECRIS reference implementation. That overall evaluation shall include an assessment of the application of the Regulation, an examination of results achieved against objectives and the impact on fundamental rights, and an assessment of the continuing validity of the underlying rationale, the application of the Regulation, the security of the system and any implications on future operations, and shall make any necessary recommendations. The Commission shall transmit the evaluation report to the European Parliament and the Council.
Amendment 315 #
Proposal for a regulation
Article 34 – paragraph 6
Article 34 – paragraph 6
6. The Member States, Eurojust, Europol[, and the European Public Prosecutor's Office], the European Data Protection Supervisor and the national supervisory authorities for data protection shall provide eu-LISA and the Commission with the information necessary to draft the reports referred to in this Article according to the quantitative indicators predefined by the Commission or eu-LISA or both. That information shall not jeopardise working methods or include information that reveals sources, staff members or investigations of the designated authorities.
Amendment 316 #
Proposal for a regulation
Article 34 – paragraph 7
Article 34 – paragraph 7
7. eu-LISA shall provide the Commission with the information necessary to produce the overall evaluations referred to in paragraph 5this Article.
Amendment 318 #
Proposal for a regulation
Article 35 a (new)
Article 35 a (new)
Article 35a Exercise of the delegation 1. The power to adopt the delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 10a shall be conferred on the Commission for an indeterminate period of time from ... [the date of entry into force of this Regulation]. 3. The delegation of power referred to in Article 10a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 10a shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 319 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
An Advisory Group, including a representative of the European Data Protection Supervisor and a representative of the European Union Agency for Fundamental Rights shall be established by eu-LISA and provide it with the expertise related to the ECRIS-TCN system and the ECRIS reference implementation, in particular in the context of preparation of its annual work programme and its annual activity report. During the design and development phase, Article 11 applies.